Terms of Service
Acceptance of Terms
These Terms of Service (“Terms”) apply to our websites, microsites, and mobile versions of these websites, (“Sites”) that expressly adopt and display or link to these Terms and that are owned, operated, or controlled by Apex Tool Group, LLC or any of its Affiliates (collectively, “Apex Tool Group”). We provide these Sites to you subject to these Terms. By visiting, registering with, or shopping at a Site with a link to these Terms, you agree to accept and be bound by these Terms, which can be modified from time to time, and our privacy policy.
Copyright and Infringement
All content included on this Site, such as HTML code, scripts, text, graphics, logos, button icons, images, video, software created to provide mobile applications and audio (collectively, “Materials”), is our property or the property of our content suppliers and protected by United States and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws.
Apex Tool Group does not permit copyright infringing activities on this Site and may remove any content of any kind, for example, if properly informed that the content infringes upon another's copyright rights. Apex Tool Group may terminate the ability to submit content if, under appropriate circumstances, a person submitting content to this Site is determined to be a repeat infringer. If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may notify Apex Tool Group using the following information:
Apex Tool Group, LLC
13620 Reese Blvd E #405, Huntersville, NC 28078
Attn: Maggie Drozd, General Counsel
Phone: (980) 441-4068
Email: maggie.drozd@apextoolgroup.com
Trademarks
Apex Tool Group retains all rights regarding its trademarks, trade names, brand names, logos, and trade dress (individually and collectively hereafter “Marks”). These Marks and all associated logos or images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license to the use of such Marks is granted to you under these Terms or by your use of this Site. Your misuse of the Marks displayed on this Site is strictly prohibited.
License and Site Access
We grant you a limited license to access and make personal use of this Site. No right, title, or interest in our Materials is conveyed to you. You may not download (other than page caching) or modify this Site, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its Materials; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted are reserved by Apex Tool Group.
Special Notice: We have a no-tolerance policy regarding the use of our Marks or names in metatags and/or hidden text. Specifically, the use of our Marks or names in metatag keywords is trademark infringement, and the use of our Marks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. You may not, without our express written consent, do any of the following: (a) link to any web page on this Site; (b) use any meta tags or any other “hidden text” utilizing our Marks or names; or (c) frame, inline link or utilize other techniques to associate or juxtapose any of our Marks or other Materials with advertisements and/or other information not originating from our Site.
Any unauthorized use terminates your limited license, and we may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms, Apex Tool Group reserves the right to seek all remedies available by law and in equity. Apex Tool Group retains the right at our sole discretion to deny access to anyone to this Site, at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that Apex Tool Group will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
Conduct and Communications
This Site may permit visitors to submit reviews, suggestions, ideas, comments, questions, photographs, images, videos, or other information (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Apex Tool Group does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on this Site. We have the right, but not the obligation, to monitor or remove any User Submission. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.
By posting or submitting User Submissions, and unless we indicate otherwise, you grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license and right, but not obligation, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, throughout the world in any media or technology now known or hereafter developed for any purpose whatsoever without any payment to or further authorization by you. You grant us and our sublicensees the right to use the name that you submit in connection with such content if they choose.
In connection with User Submissions, you affirm, represent and warrant that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Apex Tool Group as set forth in the license granted above; (iii) the content of the User Submission(s) is accurate; (iv) use of your User Submission on this Site or otherwise by Apex Tool Group, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (v) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Apex Tool Group to utilize the User Submission(s) without compensation or objection; and (vi) you will indemnify us for all claims resulting from your User Submission(s).
Prohibited Uses of This Site
You shall not post, transmit, redistribute, upload, or promote any communications, content, or materials that: (a) are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; (b) consist of or contain software viruses, corrupted files, or any other similar software files, the intent of which is to damage or alter the operation of another’s computer; (c) contain political campaigning, unsolicited advertising, promotional materials or other forms of solicitation to other users, individuals or entities; (d) contain chain letters, pyramid schemes, mass mailings or any form of “spam”; (e) use a false email address, impersonates another person or entity, including Apex Tool Group and its employees or agents, or is otherwise misleading as to the origin of the content; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Apex Tool Group, restricts, impairs, interferes or inhibits any other user from using or enjoying this Site and/or our related services and products.
Our Products
We attempt to be as accurate as possible regarding product descriptions, pricing, and availability. However, unless specifically stated otherwise in writing on this Site, we do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on this Site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products on this Site does not imply or warrant that these products will be available over the internet at any particular time.
Linking
Links may be established from this Site to one or more external websites or resources operated by third parties (the “Third Party Sites”). In addition, certain Third Party Sites also may provide links to this Site. None of such links should be deemed to imply that Apex Tool Group endorses the Third Party Sites or any content therein. Unless the link is to another Apex Tool Group website, Apex Tool Group does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third-Party Sites. Access to any Third Party Sites is at your own risk and Apex Tool Group will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Governing Law
By visiting our Site, you agree that the laws of the State of North Carolina, United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.
Jurisdiction; Choice of Venue; Jury Trial Waiver
Any dispute between you and Apex Tool Group concerning this Site or the Materials located on this Site shall be brought solely in any state or federal court located in Mecklenburg County, North Carolina. You hereby submit to the exclusive jurisdiction and venue of any such court. You irrevocably and unconditionally waive any objection to venue of any suit, action, or proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action, or proceeding brought in any such court has been brought in an inconvenient forum.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE YOUR RIGHT TO TRIAL BY JURY WITH RESPECT TO ANY CLAIM, COUNTERCLAIM, OR ACTION ARISING FROM ANY DISPUTE BETWEEN YOU AND APEX TOOL GROUP CONCERNING THIS SITE OF THE MATERIALS LOCATED ON THIS SITE. THIS WAIVER APPLIES TO ANY LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT, OR OTHERWISE.
Disclaimer of Warranties
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRODUCTS: WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, OUR EXPRESS WARRANTIES ARE LIMITED TO THOSE SPECIFIED WITH EACH PRODUCT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF APEX TOOL GROUP IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Other Terms and Conditions; Site Modification; Severability
We may offer the opportunity to participate in sweepstakes, contests, or other promotions through this Site. In addition to these Terms, the sweepstakes, contests, or other promotions will be governed by terms and conditions specific to those sweepstakes, contests, or promotions. If there is a conflict between these Terms and the terms and conditions for the sweepstakes, contests or other promotions, the terms and conditions for the sweepstakes, contests, or promotions will control.
We reserve the right to make changes to this Site, our policies, and these Terms at any time in our sole discretion. The most current version of the Terms will supersede all previous versions. Your use of the Site after changes are made to the Terms signifies your agreement to such changes.
If any provision in these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
Effective as of: December 13, 2023