Website Terms and Conditions
This is an agreement and a contract. You should read and understand all terms and conditions of this contract before using this www.slingshottools.com, (the “Website”). By using the Website, you and any company, corporation or other person you represent or are working for (collectively, called “you” in this document) are each agreeing to all these terms and conditions, as we may amend them from time to time. Each time you access the Website you will again be agreeing to these terms and conditions. If you do not agree to these terms and conditions, you may elect not to access the Website. This Agreement is effective from the day you initially access the Website until such time as you cease using it. In this Agreement, “SlingShot Tools” refers to Virtual Technologies, Ltd., a Washington corporation, and all affiliated companies. “Website” means all content, including but not limited to, information, computer code and electronic documents located at www.slingshottools.com, and “this Agreement” refers to these terms and conditions.
The Website is, and remains, the sole property of SlingShot Tools. It is licensed to you solely for your internal use in your ordinary course of business for purchasing items sold by SlingShot Tools. This license is non-transferable and non-exclusive, is limited in time to the period beginning with your acceptance of this Agreement until terminated by you or SlingShot Tools. You may use the Website only in accordance with this Agreement, as amended from time to time. You may not: (a) decompile, disassemble, probe, or otherwise reverse engineer the Website or any portion of it; (b) copy or transmit any portion of the Website or its content; (c) prepare derivative works from the Website or its contents; or (d) use any of the Website to provide services to others or other purposes not specified in this Agreement.
2. Termination and Modification
This Agreement is binding with regard to all transactions unless modified or amended in writing on the Website or otherwise by SlingShot Tools. SlingShot Tools may, without prior notice, elect to update, modify, change, or terminate all or any part of the functionality available through the Website, including modification or termination of the ability to place orders or make inquiries at any time. SlingShot Tools may amend or change this Agreement from time to time. You agree that your continued access to the Website after posting notice of any modification to this Agreement will constitute acceptance of all such modifications or amendments.
SlingShot Tools does not monitor the use of user IDs and passwords. That is solely your responsibility. By using this Website, you assume all responsibility for the security of your user ID and password, and utilization of the Website, including any unauthorized access by your agents and employees. To that end, SlingShot Tools recommends that you modify your password regularly. To terminate your user ID and password, you must notify SlingShot Tools in writing.
4. Unpermitted Uses
You agree that you shall not use this Website to do any of the following: (i) restrict or inhibit any other user from using and enjoying the Internet or Website; (ii) post or transmit any unlawful, illegal, obscene or pornographic information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law, including, without limitation, the U.S. Export Control laws and regulations; (iii) knowingly post or transmit any information or software which contains a virus, worm, or other harmful component; (iv) upload, post, publish, transmit, reproduce, distribute or participate in the transfer or sale, or in any way exploit any information, software, or other material obtained through the Website that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder.
5. Disclaimer of Warranty; Limitation of Remedies, Indemnity
This Website is intended, and licensed for your use, solely for communications between you and SlingShot Tools. SlingShot Tools shall not be liable to you or any third party for any damages arising from, or as a result of, any delay, omission, or error in electronic transmission or receipt of any orders made via the Website, even if advised of the possibility of such damages. This Website may contain information obtained by SlingShot Tools from manufacturers and others believed to be reliable. THIS WEBSITE IS PROVIDED “AS IS,” AND WITHOUT WARRANTY OF ANY KIND. SLINGSHOT TOOLS DISCLAIMS ALL WARRANTIES AND MAKES NO WARRANTY INCLUDING NO WARRANTIES FOR MERCHANTABILITY OR USE FOR A PARTICULAR PURPOSE. Slingshot Tools shall have no liability for information errors and omissions. Your sole and exclusive remedy for any breach of this Agreement by SlingShot Tools shall be to terminate the Agreement. IN NO EVENT SHALL SLINGSHOT TOOLS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ON ANY LEGAL THEORY WHETHER IN CONTRACT, TORT, EQUITY, OR AT LAW, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to defend, indemnify and hold harmless SlingShot Tools, its employees and agents from any and all liabilities, costs, and expenses, including reasonable attorney fees related to or arising from (a) claims for infringement of copyrights, trademarks and patents arising from your use of the Website by you other than for its intended purpose, and (b) any claims arising from the use of the Website by you in violation of this Agreement.
6. Jurisdiction and Governing Law
This Agreement and all use of the Website shall be governed by the laws of the State of Michigan and applicable federal laws of the United States. The state and federal courts covering Oakland County, Michigan shall have exclusive jurisdiction over any claims and disputes arising out of this Agreement.