| TERMS AND CONDITIONS
OF USE
Terms and conditions for use for world
wide web sites owned, operated or controlled by The Stanley
Works or any of its Affiliates ("Stanley Sites")
PLEASE READ CAREFULLY
By accessing, browsing and/or using
the pages in any Site owned, operated or controlled by The
Stanley Works or any of its Affiliates, including this Site,
("Stanley Sites") you agree to the terms and conditions
set forth here. If you do not agree, you should not use
Stanley Sites. If you are currently a party to a separate,
written agreement with The Stanley Works or any of its Affiliates
that has terms that are inconsistent with these Terms and
Conditions of Use, the terms of that Agreement will apply
to matters that are within the scope of the Agreement.
ELECTRONIC COMMUNICATIONS
When you visit Stanley Sites or send e-mails
to us, you are communicating with us electronically. You
consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices
on Stanley Sites. You agree that all agreements, notices,
disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on Stanley Sites,
such as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software
is the property of The Stanley Works, its Affiliates, or
their content suppliers and is protected by United States
and international copyright laws. The compilation of all
content on Stanley Sites is the exclusive property of The
Stanley Works (or the Affiliate identified in any copyright
notice on the site) and is protected by United States and
international copyright laws.
USE
Viewing a Stanley Site creates a copy of
Stanley materials in your computer's random access memory
and/or in your hard drive and/or in your proxy server. You
are hereby permitted to view this site and to print pages
for your own personal, noncommercial use, provided that
you do not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative
works from, transfer or sell any information, material,
software, printouts or services from the Stanley Site. The
materials published on Stanley Sites may not be copied,
distributed, republished, uploaded, posted or transmitted
in any way without the prior written consent of The Stanley
Works or its appropriate Affiliate.
TRADEMARKS
The trademarks, service marks and logos
(the 'Trademarks') used and displayed on Stanley Sites are
registered and unregistered Trademarks of The Stanley Works,
its Affiliates and others. Nothing on any Stanley Site should
be construed as granting, by implication, estoppel or otherwise,
any license or right to use any Trademark displayed on the
site without the prior written consent of the Trademark
owner. STANLEY, STANLEY in a Notched Rectangle design, BOSTITCH,
CONTACT EAST, GOLDBLATT, HUSKY, JENSEN, LABOUNTY, MAC, PROTO,
VIDMAR, and ZAG are some of the registered and unregistered
trademarks owned by The Stanley Works and/or its Affiliates
("Stanley Trademarks"). Stanley Trademarks may
not be used in connection with any product or service that
is not manufactured by or under license from The Stanley
Works or its appropriate Affiliate.
LINKS
Stanley Sites may include links to other
sites that contain information created, published, maintained
or otherwise posted by organizations independent of The
Stanley Works and its Affiliates. Stanley provides these
links only as a convenience, and does not endorse, approve,
certify, maintain or control these external sites and does
not guarantee the accuracy, completeness, efficacy, timeliness
or correct sequencing of information located at such sites.
Stanley reserves the right to remove these links at any
time and without notice.
Other parties may provide links to Stanley
Sites. Stanley does not require third parties to obtain
Stanley's consent prior to linking to Stanley Sites. Such
links may not, however, include frames or other features
that distort, mischaracterize or misrepresent the source
or ownership of materials on Stanley Sites or disparage
or are otherwise detrimental to Stanley. Stanley assumes
no responsibility for the content of sites that include
links to Stanley Sites, and makes no warranties or representations
whatsoever with respect to such sites. No materials may
be posted on Stanley Sites without the express written permission
of Stanley.
PRODUCTS AND PRICING
All products sold through Stanley Sites
are subject to the then existing Terms and Conditions of
Sale of the division or Affiliate responsible for sales
of such products. Links to these Terms and Conditions can
be found on the Home Pages of the relevant Stanley Sites.
Terms and Conditions of Sale, product prices, configurations
and availability are subject to change at any time by Stanley.
DISCLAIMER
THE MATERIAL IN STANLEY SITES MAY INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. STANLEY
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 EXPRESS OR IMPLIED.
STANLEY DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESS
OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. STANLEY DOES NOT WARRANT THE AVAILABILITY
OF STANLEY SITES, THAT STANLEY SITES AND YOUR USE OF STANLEY
SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT STANLEY SITES OR THE SERVER(S)
THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, OR
OTHER HARMFUL COMPONENTS. STANLEY DOES NOT WARRANT OR MAKE
ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF
THE USE OF STANLEY SITES AND/OR THE MATERIALS IN STANLEY
SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY, APPLICATBILITY OR OTHERWISE. YOU (AND NOT STANLEY)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR
OR CORRECTION. THE ABOVE RESTRICTION MAY NOT APPLY TO YOU,
AS SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED
WARRANTIES AND/OR DAMAGES. NOTHING IN THIS SECTION SHALL
AFFECT YOUR STATUTORY RIGHTS.
APPLICABLE LAW
By visiting a Stanley Site, you agree that
the laws of the State of Connecticut, United States of America,
without regard to conflict of law principals that would
dictate selection of another jurisdiction's laws, will apply
to these Terms and Conditions of Use and any dispute of
any sort that may arise between you and Stanley.
DISPUTES
Any dispute between you and Stanley concerning
a Stanley Site or the materials located at a Stanley site
shall be submitted to final and binding arbitration as the
sole and exclusive remedy for such controversy or dispute,
provided, however, that Stanley may commence action against
you in a court of law for infringement of Stanley's intellectual
property rights. Any claim required to be submitted to arbitration
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 United States Federal Arbitration Act and will take
place according to the Commercial Rules of the American
Arbitration Association. The arbitration will be held in
Hartford, Connecticut. 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 in a United States
Court of Law.
MODIFICATION TO TERMS AND CONDITIONS
Stanley can revise the Terms and Conditions
at any time by modifying or updating this posting. Your
use of a Stanley 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.
SEVERABILITY
If any of these terms and conditions is
deemed invalid, void or unenforceable for any reason, that
provision shall be deemed severable and shall not affect
the validity and enforceability of the remaining terms and
conditions.
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