Count On Tools Conditions of Use:

 Welcome to Count On Tools, Inc. Count On Tools, Inc. and its affiliates provide their services to you subject to the following conditions. If you visit or shop at www.cotinc.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future Count On Tools, Inc. service or visit or purchase from any business affiliated with Count On Tools, Inc., whether or not included in the Count On Tools, Inc. Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY:

Please review our Privacy Notice, which also governs your visit to Count On Tools, Inc., to understand our practices.

ELECTRONIC COMMUNICATIONS:

When you visit www.cotinc.com 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 this site. 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 this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Count On Tools, Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Count On Tools, Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Count On Tools, Inc. or its software suppliers and protected by United States and international copyright laws.

LICENSE AND SITE ACCESS:

Count On Tools, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Count On Tools, Inc.. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Count On Tools, Inc.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Count On Tools, Inc. and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Count On Tools, Inc.'s name or trademarks without the express written consent of Count On Tools, Inc.. Any unauthorized use terminates the permission or license granted by Count On Tools, Inc.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Count On Tools, Inc. so long as the link does not portray Count On Tools, Inc., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Count On Tools, Inc. logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT:

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Count On Tools, Inc. does sell products for children, but it sells them to adults, who can purchase with a credit card. We are not responsible, though, for minors who purchase products without parents consent. If you are under 18, you may use Count On Tools, Inc. only with involvement of a parent or guardian. Count On Tools, Inc. and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT:

Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Count On Tools, Inc. reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Count On Tools, Inc. and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Count On Tools, Inc. and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Count On Tools, Inc. or its affiliates for all claims resulting from content you supply. Count On Tools, Inc. has the right but not the obligation to monitor and edit or remove any activity or content. Count On Tools, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

RISK OF LOSS:

All items purchased from Count On Tools, Inc. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS:

Count On Tools, Inc. and its affiliates attempt to be as accurate as possible. However, Count On Tools, Inc. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Count On Tools, Inc. itself is not as described, your sole remedy is to return it in unused condition.

PRICING:

Except where noted otherwise, the price displayed for products on our website represents the full retail price listed on the product itself. With respect to items sold by Count On Tools, Inc., we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:

• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

THIS SITE IS PROVIDED BY COUNT ON TOOLS, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. COUNT ON TOOLS, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COUNT ON TOOLS, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COUNT ON TOOLS, INC. DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM COUNT ON TOOLS, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COUNT ON TOOLS, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW:

By visiting www.cotinc.com, you agree that the laws of the state of Georgia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Count On Tools, Inc. or its affiliates.

DISPUTES:

Any dispute relating in any way to your visit to Count On Tools, Inc. or to products you purchase through Count On Tools, Inc. shall be submitted to confidential arbitration in Gainesville, Georgia, except that, to the extent you have in any manner violated or threatened to violate Count On Tools, Inc.'s intellectual property rights, Count On Tools, Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of Georgia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY:

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to Count On Tools, Inc.. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR CORPORATE ADDRESS:

 © 2006 Count On Tools, Inc.