Terms & Conditions for Use of the ToolNotes.com website and data.
The following terms and conditions (the “Terms and Conditions”) govern your use of the website (this “Site”) of the authors, and any services contained within the Site.
All data is provided as-is and without warranty.
By using or downloading any materials from this Site, you agree to these Terms and Conditions. In addition, you agree to the applicable Supplemental Terms by using or downloading materials from that Additional Service.
Disclaimers and Limitation on Liability .
By using or downloading any materials from this Site, you agree to these Terms and Conditions.In addition, you agree to the applicable Supplemental Terms by using or downloading materials from that Additional Service.
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS SITE, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED “AS IS,” AND THE AUTHORS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. THE AUTHORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. THE AUTHORS DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE COULD CONTAIN TYPOGRAPHICAL ERRORS, MISCATALOGED INFORMATION OR TECHNICAL INACCURACIES. THE AUTHORS RESERVE THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY PRICE OR AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. BY YOUR USE OF THIS SITE, YOU AGREE THAT YOU DO NOT AND WILL NOT RELY ON IT BEING APPROPRIATELY CATALOGUED OR COMPLETE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO PATENTABILITY OF ANY INVENTION, INVALIDITY OF ANY CLAIM OF ANY PATENT OR APPLICATION, OR AUTHORSHIP AND INVENTORSHIP OF ANY ARTICLE, PATENT OR APPLICATION. YOU FURTHER AGREE THAT YOU OR YOUR AGENTS WILL NOT TAKE ANY ACTION AGAINST THE AUTHORS DUE TO SUCH RELIANCE ON ANY INFORMATION WHICH YOU BELIEVE TO BE NON CURRENT, INACCURATE OR INCOMPLETE. ADDITIONALLY, THIS SITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, THE DOCUMENTS AND SOFTWARE. THE AUTHORS MAKE NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. THE AUTHORS ARE NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER THE AUTHORS, THEIR EMPLOYEES, VOLUNTARY CONTRIBUTORS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, WHICH INCLUDES, WITHOUT LIMITATION, THE MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST THE AUTHORS FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS THEREOF.
Links to Third Party Sites. Any other web sites that are accessible via any link on this Site are not under the control of the authors. The authors are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. The authors provide the linked sites to you only as a convenience and the inclusions of any such link on the Site does not imply the authors’ endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
Export Restrictions. You acknowledge and agree that the Materials are subject to the U.S. Export Administration Laws and Regulations. Diversion of such Materials contrary to U.S. law is prohibited. You agree that none of the Materials, nor any direct product therefrom, is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, unless authorized by the U.S. Government. Proscribed countries are set forth in the U.S. Export Administration Regulations. You agree to comply strictly with all U.S. export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
References to Products or Services. Information published by the authors on the Site may contain references or cross references to products or services that are not announced or available in your country. Such references do not imply that the authors intend to announce such products or services in your country.
User Input. Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this Site transmitted by a user of this Site via electronic mail or otherwise, including any data, questions, or comments regarding the content of any Document or other information contained on the Site, such information shall be deemed to be non-confidential and the authors shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, the authors shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, without limitation, publication on the Site, or other publications, and developing, manufacturing, and marketing products using such information. The authors shall have no obligation to compensate the contributor of such information in any manner.
Governing Law; Venue for any Proceedings . Any action, proceeding, dispute, claim or controversy arising out of or relating to this Site or these Terms and Conditions, or any of the authors’ products or services offered on or accessed via the Site, shall be governed by Tennessee State law and controlling U.S. federal law, without application of any choice of law rules.
Complete Agreement; Changes to the Terms and Conditions . These Terms and Conditions represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. The authors shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the Site. Any use of the Site after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
Indemnification. You agree to defend, indemnify, and hold harmless the authors, officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions.
Termination. The authors may terminate this agreement at any time.Upon termination, you agree to cease all use of this Site.Without limiting the foregoing, the authors shall have the right to immediately terminate your access and use of the Site, or any portion of the Site, in the event of any conduct by you or through your account which the authors, in their sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions. The provisions of any of the above Sections shall survive any termination of this agreement at the authors’ sole descretion.