Welcome to the
online store of Fargo Enterprises, Inc. d/b/a Micro-Tools. Micro-Tools
is pleased to make the online store located at http://www.Micro-Tools.com available for your use and
benefit. By using the Site you agree to be bound by the Terms of Use set forth
below. Use of this Site, hereafter referred to as the "Site", is strictly voluntary. If you do not
agree to these Terms of Use and the Privacy Policy, you must immediately log
off the Site and may not use the Site.
Collection of Visitor
Information on this Site
Any information
collected at this Site is governed by the Privacy Policy, unless otherwise
stated. To access and use certain services available through the Site, you may
be required to register with Micro-Tools through the Login/Registration page and you
must agree to be bound by any additional applicable terms and conditions.
Copyright
All software
and content included on this Site or used in the operation of this Site, such
as text, graphics, logos, button icons, images, audio and/or visual clips, and
software, is the owned or licensed property of Micro-Tools or its software and
content suppliers and protected by U.S. and international copyright laws. The
compilation (meaning the collection, arrangement, and assembly) of all content
on this site is the exclusive property of Micro-Tools and protected by U.S. and
international copyright laws. Micro-Tools grants you permission to view and use
content and software made available to you on the Site in connection with your
own personal, noncommercial use of the Site. Any other use, including the
reproduction, modification, distribution, transmission, republication, display,
or performance, of the content and software on this Site is strictly
prohibited.
Trademarks
The trademarks,
service marks, trade dress, and "look and feel" (the "Trademarks")
used and displayed on this Site are registered and unregistered Trademarks of Micro-Tools
and others. Nothing on this Site shall be construed as granting, by
implication, estoppel or otherwise, any license or
right to use any Trademark displayed on this Site, without the prior written
permission of the Trademark owner. Other product and company names mentioned in
this Site may be the Trademarks of their respective owners.
Accuracy
Information on
this Site may contain typographical errors, inaccuracies, or omissions in
relation to product descriptions, pricing, and availability, or use of generic pictures, photos, drawings, schematics, etc.
Micro-Tools
reserves the right to: (i) discontinue the sale of
any product listed on this Site at any time without notice; and (ii) correct
any errors, inaccuracies or omissions and to change or update information at
any time without prior notice (including after an order has been submitted and
accepted). If Micro-Tools discovers price errors, they will be corrected on Micro-Tools'
systems, and the corrected price will apply to your order, prior to shipment. Micro-Tools does not guarantee, warrant, imply, or promise any retroactive price modification on the purchase after sale completion.
Please note
that because the colors you see will depend on your monitor, Micro-Tools cannot
guarantee that your monitor will display the exact color of an item displayed.
Charges and Fees
You authorize Micro-Tools
and any payment processing service provider it may engage to charge your credit
card for any products, or services you purchase through your use of this Site.
You represent and warrant that you are the only one who will use your credit
card in connection with this Site, and you shall be responsible for any and all
uses of your credit card.
Product Orders
The prices
displayed on this Site are quoted in U.S. Dollars and are valid and effective
only within the United States, and territories of the United States, and such prices do not include shipping and
handling or sales taxes, if applicable, which will be added to your total
invoice price. You are responsible for the payment of any shipping and handling
charges and state and local sales or use taxes that may apply to your order. If outside of the United States, you are responsible for any additional customs, duties, and carrier bokerage fees.
Risk of Loss
All items
purchased from this Site are made pursuant to a shipment contract. This means
that the risk of loss and title for such items pass to you upon Micro-Tools'
delivery to the appointed carrier, as authorized by you.
Acceptance of Orders
The receipt of
an order confirmation does not guarantee the acceptance of an order, nor does
it constitute confirmation of Micro-Tools' offer to sell. Micro-Tools reserves
the right at any time to limit the quantity of items ordered
and/or refuse to sell to any customer.
Returns Policy
You can return
online purchases that are in new, unused and resalable condition to our return
center by U.S. Mail Service or UPS within 30 days of the date you received your
order. We do not accept returns on items such as Stabilant, books, flammable items, customized or personalized merchandise. Returns of special order items will be charged a 35% restocking fee. Micro-Tools will not accept COD returns.
If you need
help with a return, contact us.
Please allow up
to 14 business days for your return to be processed. Your refund will be
credited back to the credit/debit/check card used to pay for your order.
Links to Other Web Sites
This Site may
contain links to other web sites. Additionally, other web sites may contain
links to this Site. Micro-Tools does not review or
monitor the web sites linked to this Site and Micro-Tools is not responsible
for the contents of any other web sites. Any link established by Micro-Tools
does not in any respect whatsoever constitute an endorsement of the other web
sites or create a relationship between Micro-Tools and the operators of other
web sites. Micro-Tools disclaims any liability with respect to your use of any
other web site, and you release Micro-Tools from any liability related to your
use of any link to another web site or your use of any other web site. Where
this Site contains a link to another web site owned and/or operated by Micro-Tools,
such web site use may be subject to different and additional terms of use and
privacy policy terms and conditions.
Disclaimer of Warranties
and Limitation of Liability
Any
manufacturer's warranties that may be disclosed in the packaging of a product
sold to you through the Site are warranties made solely by the manufacturer
directly to you, and Micro-Tools has no responsibility for complying with those
warranties. If you wish to receive warranty service or otherwise make a claim
against the manufacturer's warranty, please see the information provided within
the manufacturer's warranty statement for instructions on how to make your
claim. Micro-Tools cannot process or assist you with a claim made against a
manufacturer's warranty.
This Site and all content, products, and services available through the Site are provided on an "as is, with all defects" and "as available" basis without warranties of any kind, either expressed or implied, including without limitation, warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Micro-Tools makes no representation that the site or any content are free from errors, viruses, bugs, or other harmful components. Further, Micro-Tools makes no representation that content provided on this site is applicable or appropriate for use in locations outside of the United States. Micro-Tools is not responsible for typographical errors or omissions relating to pricing, availability, text or photography. You acknowledge by your use of this Site, that such use is at your sole risk.
In no event shall either Micro-tools or its affiliates or agents be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Site, whether based on contract, tort, strict liability, or otherwise, even if advised of the possibility of any such 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.
Under no
circumstances whatsoever shall Micro-Tools' aggregate liability resulting from
your use of this Site exceed Five Dollars ($5.00).
Prohibited Activities and
Visitor Obligations
As a visitor to
this Site you shall not:
1.
Violate any applicable local, state, national or international statute,
regulation, or law;
2.
Upload, post, use, or otherwise make available, including by e-mail, any
content or information that is false or inaccurate;
3.
Impersonate or use the identity of another person or organization, or
falsely state or otherwise misrepresent your affiliation with a person or
organization;
4.
Engage in any activities or manipulate identifying material to misrepresent
the origin of content;
5.
Upload, post, use, or otherwise make available any content that is subject
to any disclosure restrictions;
6.
Upload, post, use, or otherwise make available any materials, items,
information or content that infringes or otherwise violates any patent,
copyright, trademark, or any other proprietary rights;
7.
Upload, post, use or otherwise make available any unsolicited or
unauthorized advertising or promotional materials, including without
limitation, "junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation;
8.
Use the Site to upload, post, use, disseminate, or otherwise make available any information or content, including by
e-mail, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, or information or content that could otherwise be
considered to be objectionable;
9. Upload, post, use or otherwise make available any material that contains
software viruses or any other corrupt computer code, files or programs that
impair the use of any computer software or hardware or telecommunications
equipment;
10. Interfere with or otherwise limit the use of this Site by other users; or
collect, compile, or store personal information about other users of this Site;
11. Disrupt or interfere with the security of, or otherwise cause harm to, this
Site or the systems resources; accounts; usernames and passwords; servers; or
networks connected to or accessible through this Site or any affiliated or
linked sites; or
12. Use this Site for commercial purposes.
Indemnification
You agree to
indemnify, defend, and hold Micro-Tools and its successors and assigns harmless
from and against and in respect of any and all third party claims, demands,
losses, costs, expenses, obligations, liabilities, damages, recoveries, and
deficiencies, including interest, penalties, and reasonable attorneys' fees
that it shall incur or suffer which relate to your use of this Site, your
failure to perform any of your obligations under these Terms of Use, or your
breach of any of your representations or warranties made under these Terms of
Use.
Changes to Terms of Use
These Terms of
Use may be changed without notice. Any use of this Site following the date on
which changes to these Terms of Use or the Privacy Policy are published on this
Site shall constitute your acceptance of all such changes. You expressly agree
that Micro-Tools shall have no obligation to provide you with any notice of any
changes, and you hereby expressly waive any right you may have to receive notice
of any changes to these Terms of Use or the Privacy Policy.
Continued Operation,
Accessibility, and Maintenance of this Site
Micro-Tools may
modify, change, suspend, terminate or discontinue the operation of this Site or
the provision of any services without notice and Micro-Tools reserves the right
to refuse service to anyone at any time, with or without cause.
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. Micro-Tools reserves the right, without notice and in its sole
discretion, to refuse service, terminate accounts, remove or edit content, or
cancel orders.
General Provisions
Micro-Tools
makes no representation or warranty that the products or services advertised or
offered on this Site will be available at all times, or that they will be
available on the basis of any indicated terms or conditions.
Any failure by Micro-Tools
to enforce any provision of these Terms of Use shall not be construed as a
waiver of any provision or the right to enforce same.
These Terms of
Use shall be governed by the laws of the State of California without giving
effect to any principles or conflicts of laws. For the purpose of resolving
conflicts relating to or arising out of these Terms of Use, or arising out of
any other dispute or claim associated with Micro-Tools, venue shall be in the
State of California only and, in addition, you hereby consent to the exclusive
jurisdiction of the federal and state courts in the State of California.
If any portion of these Terms of Use are held to be invalid, such
holding shall not invalidate the other provisions of these Terms of Use.
Use of this
Site is unauthorized in any jurisdiction that does not give full effect to all
provisions of these Terms of Use, including without limitation this paragraph
and the warranty disclaimers and liability exclusions above. Use of this Site
is unauthorized in any jurisdiction where all or any portion of this Site may
violate any legal requirements and you agree not to access this Site in any
such jurisdiction.
You are
responsible for compliance with applicable laws.
Contact
For questions
or comments related to this Site or these Terms of Use, please call Customer
Service at 1-800-359-2878 or email us at orders@Micro-Tools.com. Micro-Tools shall have no
confidentiality obligations with respect to any comments, suggestions, and
materials you send Micro-Tools. Any and all comments, suggestions, and
materials you send Micro-Tools shall become its exclusive property; and you
hereby transfer, sell, and assign to Micro-Tools all of your right, title, and
interest in and to any such comments, suggestions, and materials, including
without limitation, any and all copyrights, trademarks, patents, trade secrets
and other proprietary rights.
Fargo Enterprises,
Inc. 2010 - All Rights Reserved