Terms of Service

Last updated: August 7, 2024

Agreement to Terms

These Terms of Service ("Terms," "Agreement") govern your use of ToolMaster Pro's website, services, and any related applications or platforms (collectively, the "Services"). By accessing, browsing, or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations.

If you do not agree with any part of these Terms, you must not access or use our Services. These Terms constitute a legally binding agreement between you and ToolMaster Pro. We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting.

Definitions

For the purposes of these Terms:

  • "Company" refers to ToolMaster Pro, its affiliates, subsidiaries, and related entities
  • "User," "you," or "your" refers to any individual or entity accessing or using our Services
  • "Content" includes all text, images, graphics, software, and other materials available through our Services
  • "Products" refers to tools, equipment, and related items offered through our Services
  • "Account" means any user account created to access certain features of our Services

Use of Our Services

Permitted Use

You may use our Services for lawful purposes only and in accordance with these Terms. Permitted uses include:

  • Browsing and searching for products and information
  • Contacting us for inquiries, quotes, and customer support
  • Placing orders for products and services
  • Accessing educational content and resources
  • Participating in promotional activities and surveys

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Using our Services for any unlawful purpose or to solicit unlawful acts
  • Violating any international, federal, provincial, state, or local laws or regulations
  • Infringing upon or violating intellectual property rights of any party
  • Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating
  • Submitting false, misleading, or fraudulent information
  • Interfering with or circumventing security features of our Services
  • Attempting to gain unauthorized access to our systems or networks
  • Distributing malware, viruses, or other harmful code
  • Engaging in automated data collection or scraping activities
  • Impersonating any person or entity or misrepresenting your affiliation

Account Registration and Security

Certain features of our Services may require account registration. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or pose security risks to our Services or other users.

Products and Services

Product Information and Availability

We strive to provide accurate product descriptions, specifications, pricing, and availability information. However, we do not warrant that product information is accurate, complete, reliable, current, or error-free. Product availability is subject to stock levels and may change without notice.

Pricing and Payment

All prices are displayed in US dollars and are subject to change without notice. Prices do not include applicable taxes, shipping, or handling charges unless specifically stated. We reserve the right to modify prices, discontinue products, or refuse service at our discretion.

Orders and Fulfillment

Orders are processed through phone consultation and confirmation. We reserve the right to:

  • Refuse or cancel orders for any reason
  • Limit quantities on any product or service
  • Require additional verification before processing orders
  • Modify or cancel orders due to pricing errors or product unavailability

Delivery and Risk of Loss

Delivery terms, shipping costs, and risk of loss will be communicated during the order process. Risk of loss and title for products pass to you upon delivery to the carrier or designated delivery location.

Intellectual Property Rights

All content, features, and functionality of our Services, including but not limited to text, graphics, logos, images, software, and design elements, are owned by ToolMaster Pro or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable license to access and use our Services for personal or business purposes in accordance with these Terms. You may not:

  • Reproduce, distribute, modify, or create derivative works
  • Reverse engineer, decompile, or disassemble any software
  • Remove or alter any proprietary notices or labels
  • Use our trademarks or service marks without permission
  • Frame or mirror any part of our Services

User-Generated Content

If you submit, post, or transmit any content through our Services (including reviews, comments, or feedback), you grant us a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.

You represent and warrant that any content you submit:

  • Is accurate and not misleading
  • Does not violate any third-party rights
  • Does not contain harmful or malicious code
  • Complies with applicable laws and regulations

Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Services, you consent to the collection and use of your information as described in our Privacy Policy.

Disclaimers and Warranties

Our Services are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

  • Warranties of merchantability and fitness for a particular purpose
  • Warranties of non-infringement and title
  • Warranties that our Services will be uninterrupted or error-free
  • Warranties that defects will be corrected
  • Warranties regarding the security or accuracy of information

We do not warrant that our Services will meet your requirements or that the results obtained will be accurate or reliable.

Limitation of Liability

To the fullest extent permitted by law, ToolMaster Pro and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or information
  • Loss of use, goodwill, or reputation
  • Business interruption or operational delays
  • Personal injury or property damage

Our total liability for any claims arising from or related to these Terms or our Services shall not exceed the amount paid by you for the specific product or service giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless ToolMaster Pro and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of our Services
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Any content you submit or transmit
  • Your negligent or wrongful conduct

Termination

We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination:

  • Your right to use our Services will cease immediately
  • We may delete your account and associated data
  • Outstanding obligations will survive termination
  • Provisions that should survive will remain in effect

You may terminate your use of our Services at any time by discontinuing access and use.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. Any disputes arising from or related to these Terms or our Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

You waive any right to participate in class action lawsuits or class-wide arbitration. The arbitration will be conducted in San Diego, California, and judgment on the arbitral award may be entered in any court having jurisdiction.

Miscellaneous Provisions

Severability

If any provision of these Terms is found to be unenforceable or invalid, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and ToolMaster Pro regarding our Services.

Contact Information

If you have any questions, concerns, or disputes regarding these Terms of Service, please contact us:

Phone: +1 (619) 724-8630

Email: info@toolmasterpro.com

Address: 3866 Atascadero Dr, San Diego, CA 92107

We will make every effort to resolve any issues or concerns in a timely and professional manner.