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Sioux Tools, Inc.
LEGAL NOTICES
TERMS AND CONDITIONS OF USE
PLEASE READ CAREFULLY
By accessing, browsing and/or using the pages
in this Site, you agree to these Terms and Conditions. If you do
not agree, do not access, browse or use this Site. If you are
currently a party to a formal purchase agreement with Sioux
Tools, Inc. (“Sioux Tools”) or any of its affiliates (such as an
industrial distribution agreement or a master purchase
agreement), the terms of that agreement will supersede any terms
of this Site to the extent inconsistent.
RESTRICTIONS ON USE
The materials published in this site, http://www.siouxairtoolexpress.com
(the "Site") and any other World Wide Web site owned, operated,
licensed, or controlled by Sioux Tools, Inc. or any of its
related, affiliated or subsidiary companies (collectively the
"Materials") may not be copied or distributed, or republished,
uploaded, posted or transmitted in any way, without the prior
written consent of Sioux Tools or any of its relevant related,
affiliated or subsidiary company or companies, as the case may
be, EXCEPT: you may download one copy of the Materials on one
computer for use on that computer only, provided you do not
delete or change any copyright, trademark or other proprietary
notices, and provided you do not further copy or post the
Materials on any network computer or distribute the Materials in
any media. You may only use the Materials posted on this Site
for lawful purposes.
USER IDS AND PASSWORDS
You will be solely responsible for the
maintenance and security of your login identifier and password,
if any. Your login identifier and password are unique to you,
and you agree not to disclose or share your login identifier and
password with any third party. Sioux Tools reserves the right to
deny or revoke access to this Site, or any part thereof, at any
time in our sole discretion, with or without cause. Your access
to this Site will terminate upon the termination of this
Agreement for any reason.
DISCLAIMER
THE MATERIAL IN THIS SITE MAY INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SIOUX TOOLS MAY
MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE
MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR
IMPLIED. SIOUX TOOLS DISCLAIMS ALL WARRANTIES AND CONDITIONS
EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. SIOUX TOOLS DOES NOT WARRANT THE AVAILABILITY
OF THE SITE, THAT THE SITE AND YOUR USE OF THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. SIOUX TOOLS DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE
RESULT OF THE USE OF THE SITE AND/OR THE MATERIALS IN THIS SITE
IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT SIOUX
TOOLS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE
EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES.
EQUAL OPPORTUNITY EMPLOYER
Sioux Tools is an equal opportunity employer
committed to a diverse workforce.
DISCLAIMER OF LIABILITY
SIOUX TOOLS WILL NOT BE LIABLE FOR ANY DAMAGES
OR INJURY CAUSED BY YOUR USE OF THIS SITE, INCLUDING BUT NOT
LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION,
COMPUTER VIRUS, OR LINE FAILURE. SIOUX TOOLS WILL NOT BE LIABLE
FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, DIRECT,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE
USE OF, OR THE INABILITY TO USE, THE SITE AND/OR THE MATERIALS
IN THIS SITE, EVEN IF THERE IS NEGLIGENCE BY SIOUX TOOLS OR BY
AN AUTHORIZED SIOUX TOOLS REPRESENTATIVE, OR AN AUTHORIZED SIOUX
TOOLS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES.
SIOUX TOOLS’ TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND
CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO
SIOUX TOOLS, IF ANY, TO ACCESS THIS SITE.
SUBMISSIONS
All remarks, suggestions, ideas, graphics, or
other information communicated to Sioux Tools through this Site
(together, the "Submission") will forever be the property of
Sioux Tools and you waive all of your rights, including but not
limited to moral rights, therein if applicable. Except as
described in our Privacy Policy <link>, Sioux Tools will not be
required to treat any Submissions as confidential, and will not
be liable for any ideas for its business (including without
limitation, product or advertising ideas) and will not incur any
liability as a result of any similarities that may appear in
future Sioux Tools operations. Without limitation, Sioux Tools
will have exclusive ownership of all present and future existing
rights to the Submission of every kind and nature everywhere.
Except as noted below in the last paragraph of this section,
Sioux Tools will be entitled to use the Submission for any
commercial or other purpose whatsoever without compensation to
you or any other person sending the Submission.
Your Submission, including personally
identifiable information, is voluntary and subject to the
Privacy Policy <link>. You are responsible for the content of
the Submission and agree to defend (at Sioux Tools’ option and
at your sole expense), indemnify and hold Sioux Tools harmless
from any damages, losses, costs, or expenses, including
attorneys' fees, which Sioux Tools may incur as a result of your
Submission. If you are viewing this Site on a public computer or
are otherwise using a computer to which multiple people have
potential access, be sure to follow all relevant instructions to
ensure you are sufficiently disconnected and logged off this
Site and the computer system you are using to prevent
unauthorized Submissions. Sioux Tools retains the right to
review, edit, or delete from this Site any Submission, which
Sioux Tools in its sole discretion considers illegal, offensive,
or otherwise inappropriate. You are solely responsible for
maintaining and keeping secure your Sioux Tools account
information.
TRADEMARK INFORMATION
SIOUX is a registered trademark of Sioux
Tools, Inc. in the United States, and is registered in other
countries. All other Sioux Tools trademarks, service marks,
domain names, logos, and company names referred to on this Site
are either trademarks, registered trademarks, service marks,
domain names, logos, company names of or are otherwise the
property of Sioux Tools, Inc. or its affiliates or licensors. In
countries where any of the Sioux Tools trademarks, service
marks, domain names, logos and company names are not registered,
Sioux Tools claims other rights associated with unregistered
trademarks, service marks, domain names, logos, and company
names. Other product or company names referred to on this Site
may be trademarks of their respective owners. You may not use
any trademark, service mark, domain name, logo, or company name
of Sioux Tools or any third party without permission from the
owner of the applicable trademark, service mark, domain name,
logo, or company name. You may contact Sioux Tools by sending an
e-mail to siouxtoolstechsupport@snapon.com, or writing to Sioux
Tools, Inc., 250 Snap-on Drive, P.O. Box 1596, Murphy, North
Carolina 28906, to request written permission to use Materials
on this Site for purposes other than stated in the Terms and
Conditions or for all other questions relating to this Site.
LINKS
At certain places on this Site, live "links"
to other Internet addresses can be accessed. Such external
Internet addresses contain information created, published,
maintained, or otherwise posted by organizations independent of
Sioux Tools. Sioux Tools does not endorse, approve, certify,
maintain, or control these external Internet addresses and does
not guarantee the accuracy, completeness, efficacy, timeliness,
or correct sequencing of information located at such addresses.
Sioux Tools provides the links only as a convenience. Use of any
information obtained from such addresses is voluntary, and
reliance on it should only be undertaken after an independent
review of its accuracy, completeness, efficacy, and timeliness.
Neither the inclusion of the link in this Site nor reference
therein to any specific commercial product, process, or service
by trade name, trademarks, service mark, manufacturer, or
otherwise constitutes or implies endorsement, recommendation, or
favoring by Sioux Tools.
There may be circumstances where access to
this Site is provided by a hypertext link located at another
site. Sioux Tools has no responsibility for the content of such
other sites, Sioux Tools does not make any representations or
give any warranties or conditions with respect to any
information contained in or at these other sites and Sioux Tools
shall not be liable for any damages or injury arising from the
content of or access to these other sites. Sioux Tools does not
endorse the individuals, companies or other similar entities, or
any products or materials associated with such individuals,
companies or other similar entities, which provide a link to
this Site. Unless approved in writing in advance by Sioux Tools,
you agree not to: (a) provide or create a link to this Site; or
(b) create any frames at any other sites pertaining to any of
the Materials located at this Site. You also agree not to post
any materials at this Site without the express written
permission of Sioux Tools.
TERMINATION
Sioux Tools or you may terminate this
agreement at any time. You may terminate this agreement by
destroying: (a) all Materials obtained from the Site, and (b)
all related documentation and all copies and installations. Upon
termination, you must destroy all Materials including, without
limitation, permanently deleting all Materials from any computer
and/or media and, upon Sioux Tools’ request, certify in writing
that all Materials have been destroyed. The warranty
disclaimers, limitations and exclusions of liability,
reservation of property rights and other terms and conditions of
this Agreement which by their nature are intended to survive
will survive the termination or expiration of this Agreement for
any reason.
JURISDICTION; COMPLIANCE WITH LAWS
Except as described otherwise, all Materials
on this Site are made available only to provide information
about Sioux Tools. Sioux Tools controls and operates this Site
in the United States of America and makes no representation that
these Materials are appropriate or available for use in other
locations. If you use this Site from other locations, you are
responsible for compliance with applicable local laws including,
without limitation, all export laws. Some software, products and
other materials and information from this Site may be subject to
export controls imposed by the United States and may not be
downloaded or otherwise exported or reexported: (a) into (or to
a national or resident of) any country to which the U.S. has
placed an embargo, including without limitation, Cuba, Iran,
Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in
the US Treasury Department's Specially Designated national list,
or (c) to anyone on the US Commerce Department's Table of Denial
Orders. If you download or use the Software, order products, or
download materials or other information, you represent and
warrant that you are not located in, or under the control of, or
a national or resident of any such country or on any such list.
Access to this Site and its terms and
conditions are governed by U.S. federal law and/or the laws of
the State of Wisconsin, excluding any conflict of laws
provisions that would refer to and apply the substantive laws of
another jurisdiction. SUBJECT TO THE MANDATORY ARBITRATION
PROVISION BELOW, ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR
ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A
STATE OR FEDERAL COURT LOCATED IN THE STATE OF WISCONSIN, U.S.A.
YOU AND SIOUX TOOLS AGREE TO SUBMIT TO THE JURISDICTION OF, AND
AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL
ACTION OR PROCEEDING.
ARBITRATION
Any controversy or dispute between you and
Sioux Tools concerning this Site or the Materials shall be
submitted to final and binding arbitration as the sole and
exclusive remedy for such controversy or dispute. Any claim
shall be made by filing a demand for arbitration within one (1)
year following the occurrence first giving rise to the claim.
The right and duty of the parties to resolve disputes by
arbitration shall be governed exclusively by the Federal
Arbitration Act, and arbitration shall take place according to
the Commercial Rules of the American Arbitration Association.
The arbitration will be held in Chicago, Illinois. Each party
shall bear all of its own costs of arbitration, except that the
fees of the arbitrator shall be divided equally between the
parties. The arbitrator shall have no authority to amend or
modify the terms of this Agreement or to award punitive or
exemplary damages, and the award may be enforced by judgment.
Before, during, or after arbitration each party shall have the
right, without awaiting the outcome of the arbitration, to seek
interim injunctive relief from an appropriate court including
but not limited to temporary restraining orders or preliminary
injunctions. Seeking any such remedies shall not be deemed a
waiver of either party's right to compel arbitration.
WAIVER
No delay or omission by Sioux Tools to
exercise any right occurring upon any noncompliance on your part
with respect to any of the terms of this agreement will impair
any such right or power or be construed to be a waiver thereof.
Any waiver by Sioux Tools of any of the covenants, conditions or
agreements to be performed by you will not be construed to be a
waiver of any succeeding breach thereof or of any covenant,
condition or agreement herein contained.
MODIFICATIONS TO TERMS AND CONDITIONS
Sioux Tools can revise these Terms and
Conditions at any time by modifying or updating this posting.
Your use of this Site on or after the effective date of any such
modification or update will constitute your acceptance of these
Terms and Conditions as modified and/or updated.
MISCELLANEOUS
If any part of these Terms and Conditions is
unlawful, void, or unenforceable, that part will be deemed
severable and will not affect the validity and enforceability of
any remaining provisions. Any information related to your use of
this Site for illegal purposes will be provided to law
enforcement authorities. These Terms and Conditions and the
Privacy Policy constitute the entire agreement between
the parties relating to the use of this Site and supersede and
replace any prior agreement between the parties, except as
otherwise set forth above. In the event you browse, access or
use another site hosted by Sioux Tools or its affiliates, you
may be subject to alternative terms and conditions of use, as
may be specified on such site. In such event, the terms and
conditions of use applicable to that site will govern your use
of the site. |