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Legal Information
PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS SITE. UCS offers thepowertools.com
web site (the "Web Site"), to you, the user, conditioned upon your acceptance
of all of the terms, conditions, policies and notices stated on the Web
Site. By using the Web Site, you signify your assent to these Terms and
Conditions and any subsequent modifications. UCS, Inc. may revise these
Terms and Conditions from time to time by updating this posting, with
the new terms taking effect on the date of posting. You should review
these Terms and Conditions every time you use this Web Site as they are
binding upon you.
The UCS site is for your personal and noncommercial
use. As a condition to your continued use of the Web Site, you warrant
to UCS that you will not use the Web Site for any purpose that is unlawful
or prohibited by these Terms and Conditions.
Neither UCS nor its employees, agents,
third party information providers, merchants, licensors or the like warrant
that the Web Site or its operation will be accurate, reliable, uninterrupted
or error-free. If your use of thepowertools.com results in the need for
servicing or replacing property, material, equipment or data, UCS is not
responsible for those costs. No agent or representative has the authority
to create any warranty regarding the Web Site on behalf of UCS. UCS reserves
the right to change or discontinue at any time any aspect or feature of
the Web Site. UCS does not assume any liability for the contents of any
material provided on the Web Site. Reliance on any information presented
on the Web Site, other than that which you provided, is at your own risk.
UCS reserves the right to change or discontinue any aspect or feature
of the Web Site at any time. You acknowledge that, in connection with
the Web Site, information will be transmitted over local exchange, interexchange
and Internet backbone carrier lines and through routers, switches and
other devices owned, maintained and serviced by third party local exchange
and long distance carriers, utilities, Internet service providers and
others, all of which are beyond the control and jurisdiction of UCS. Accordingly,
UCS assumes no liability for or relating to the delay, failure, interruption
or corruption of any data or other information transmitted in connection
with use of the Web Site. Without limiting the foregoing, everything on
thepowertools.com is provided to you ‘as is” and “as available’ without
warranty of any kind, either expressed or implied. UCS makes no warranties
about the accuracy, reliability, completeness or timeliness of the Web
site content, software text, graphics and links, or about results to be
obtained from using the Web site.
In no event shall UCS or any third parties
mentioned at the Web site be liable for any costs, damages and expenses
whatsoever (including, without limitation, health problems, incidental
and consequential damages, lost profits or damages resulting from lost
data or business interruption) resulting from the use or inability to
use thethepowertools.com Web site or the content of the website whether
based on warranty, contract, tort or any legal theory, and whether or
not UCS is advised of the possibility of such damages. UCS shall be liable
to you only for gross negligence or willful misconduct and only to the
extent of actual damages incurred by you, not to exceed U.S. $100.00 (one
hundred dollars). Because some states and countries do not allow the exclusion
of limitation of liability for consequential or incidental damages, the
above limitation may not apply to you. Remedies under this agreement are
exclusive and are limited to those expressly provided for in this agreement.
Indemnification: You agree to defend, indemnify
and hold UCS, its officers, directors, employees and agents, licensors
and suppliers harmless From and against any claims, actions or demands,
liabilities and settlements, including, without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from,
your use of the thepowertools.com Web Site in a manner that violates or
is alleged to violate these Terms and Conditions. UCS shall provide you
with prompt notice of any such claim, suit or proceeding and shall reasonably
cooperate with you, at your expense, in your defense of any such claim,
suit or proceeding. Links/Advertisements The thepowertools.com Web Site
may link to other sites operated by third parties. The inclusion of any
link to such sites does not imply endorsement by UCS of the sites, but
is for your reference and convenience only. UCS has not reviewed all of
the sites linked to the Web Site and is not responsible for the content
or accuracy of any off-site pages or any other sites linked to thepowertools.com.
Nor does UCS recommend or endorse any specific tests, products or procedures
that may be mentioned on or represented in advertisements on the Web Site.
Linking to any other off-site pages or other sites is at your own risk
and subject to the Terms and Conditions of Use of any hyper-linked site.
For example, if thepowertools.com provides a link to www.google.com, which
is subject to www.google.com's Terms and Conditions of Use, and NOT these
Terms and Conditions. The UCS Web Site may also contain advertisements
by third parties. Unless otherwise specifically stated on the Web Site,
UCS does not endorse or make any representation regarding the liability,
quality, or accuracy of any products or services featured in, or linked
to any advertisement that appears on the Web Site. Unless otherwise prohibited
under these Terms and Conditions, you are hereby licensed to create hyperlinks
to the content on the UCS Web Site, provided that the hyperlink accurately
describes the content as it appears on the Web Site. UCS reserves the
right to revoke this license generally, or your right to use specific
links, at any time. Under no circumstances may you "frame" the Web Site
or any of its content or copy portions of the UCSWeb Site to a server,
except as part of an Internet service provider's incidental caching of
pages. Each page within thepowertools.com must be displayed in full (including
all trademarks, branding, advertising and promotional materials), without
any accompanying frame, border, margin, design, branding, trademark, advertising
or promotional materials not originally displayed on the page within thepowertools.com.
Copyrights: UCS retains full copyright
ownership, rights and protection in all material contained on thepowertools.com
(including all software, HTML code, Java applets, Active X controls and
other code). Except as otherwise expressly provided in these Terms and
Conditions, you may not copy, distribute, transmit, display, perform,
reproduce, publish, license, rewrite, create derivative works from, transfer,
or sell any material contained on the Web Site without the prior consent
of the copyright owner. You agree not to modify any documents, graphics,
images or other material found on this Web Site. None of the material
contained on the UCS Web site may be reverse-engineered, disassembled,
decompiled, transcribed, stored in a retrieval system, translated into
any language or computer language, retransmitted in any form or by any
means (electronic, mechanical, photo re-production, recordation or otherwise),
resold or redistributed without the prior written consent of UCS.
You agree that UCS may terminate your use
of the Web Site, if UCS reasonably believes that you have violated or
acted inconsistently with the letter or spirit of these Terms and Conditions
of Use, or violated the rights of UCS or any third party, or for any reason
with or without notice to you. You agree that UCS may modify or discontinue
thepowertools.com, with or without notice to you. You agree that UCS will
not be liable to you or any third party as a result of such modification
or discontinuation.
The above provisions will survive termination
of this agreement.
General Provisions: You expressly agree
that exclusive jurisdiction for any dispute with UCS, or in any way relating
to your use of thepowertools.com ("Legal Action"), resides in the courts
of the County of Seminole , State of Florida . You further agree and expressly
consent to the exercise of personal jurisdiction in the courts of the
State of Florida in connection with any such dispute.
These Terms and Conditions are governed
by the internal substantive laws of the State of Florida , without regard
to conflict of law principles. If any provision of these Terms and Conditions
are found to be invalid by any court having competent jurisdiction, the
invalidity of such provision shall not affect the validity of the remaining
provisions of these Terms and Conditions, which shall remain in full force
and effect. No waiver of these Terms and Conditions shall be deemed a
further or continuing waiver of such term or condition or any other term
or condition. Any cause of action you may have with respect to UCS must
be commenced within one year after the claim or cause of action arises
or such claim or cause of action is barred. UCS may deliver notice to
you under these Terms and Conditions by means of electronic mail or by
written communication delivered by first class mail to your address on
record. You may give notice to UCS at any time via electronic mail to
thepowertools.com or by letter delivered by first class postage prepaid
mail or overnight courier to the Orlando office (address on contact us
page).
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