Terms of service
TERMS OF USE AND NOTICE OF COPYRIGHT INFRINGEMENT
Please read this Terms of Service ("Terms," "Terms of Service") carefully before using the boentools.com website (the "Website") operated by IST PROT INC.in Colorado, United States ("us," "we," "our") as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
COPYRIGHT:
All content included on this Site, such as HTML code, scripts, text, graphics, logos, button icons, images, video, software created to provide mobile applications and audio (collectively, “Materials”), is our property or the property of our content suppliers and protected by United States and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws.
TRADEMARKS:
IST PROT INC. retains all rights regarding its trademarks, trade names, brand names, logos and trade dress (individually and collectively hereafter “Marks”). These Marks and all associated logos or images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties. No license to the use of such Marks is granted to you under these Terms or by your use of this Site. Your misuse of the Marks displayed on this Site is strictly prohibited.
Accounts
When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us.
LICENSE AND SITE ACCESS:
We grant you a limited license to access and make personal use of this Site. No right, title or interest in our Materials is conveyed to you. You may not download (other than page caching) or modify this Site, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its Materials; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Materials; 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, published, displayed, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted are reserved by IST PROT INC.
Special Notice: We have a no-tolerance policy regarding the use of our Marks or names in metatags and/or hidden text. Specifically, the use of our Marks or names in metatag keywords is trademark infringement, and the use of our Marks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. You may not, without our express written consent, do any of the following:(a) link to any web page on this Site; (b) use any meta tags or any other "hidden text" utilizing our Marks or names; or (c) frame, inline link or utilize other techniques to associate or juxtapose any of our Marks or other Materials with advertisements and/or other information not originating from our Site.
Any unauthorized use terminates your limited license, and we may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms, IST PROT INC. reserves the right to seek all remedies available by law and in equity. IST PROT INC. retains the right at our sole discretion to deny access to anyone to this Site, at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that IST PROT INC. will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
COMMENTS, COMMUNICATIONS AND OTHER CONTENT:
This Site may permit visitors to submit reviews, suggestions, ideas, comments, questions, photographs, images, videos, or other information (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, IST PROT INC. does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on this Site. We have the right, but not the obligation, to monitor or remove any User Submission. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.
By posting or submitting User Submissions, and unless we indicate otherwise, you grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license and right, but not obligation, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, throughout the world in any media or technology now known or hereafter developed for any purpose whatsoever without any payment to or further authorization by you. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose.
In connection with User Submissions, you affirm, represent and warrant that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to IST PROT INC. as set forth in the license granted above; (iii) the content of the User Submission(s) is accurate; (iv) use of your User Submission on this Site or otherwise by IST PROT INC., in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (v) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow IST PROT INC. to utilize the User Submission(s) without compensation or objection; and (vi) you will indemnify us for all claims resulting from your User Submission(s).
PROHIBITED USES OF THIS SITE:
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that: (a) are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; (b) consist of or contain software viruses, corrupted files, or any other similar software files, the intent of which is to damage or alter the operation of an other’s computer; (c) contain political campaigning, unsolicited advertising, promotional materials or other forms of solicitation to other users, individuals or entities; (d) contain chain letters, pyramid schemes, mass mailings or any form of "spam"; (e) use a false email address, impersonates another person or entity, including IST PROT INC. and its employees or agents, or is otherwise misleading as to the origin of the content; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of IST PROT INC., restricts, impairs, interferes or inhibits any other user from using or enjoying this Site and/or our related services and products.
We take no responsibility and assume no liability for any Submissions provided by you or any third party, and under no circumstances shall we be liable for any user Submissions, including, but not limited to, any loss or damage that results from the Submissions being transmitted or made available on the Site or through the use of the Site and Services.
NOTICE OF COPYRIGHT INFRINGEMENT:
IST PROT INC. does not permit copyright infringing activities on this Site and may remove any content of any kind, for example, if properly informed that the content infringes upon another's copyright rights. IST PROT INC.r may terminate the ability to submit content if, under appropriate circumstances, a person submitting content to this Site is determined to be a repeat infringer. If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may notify IST PROT INC. by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists;
- Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit IST PROT INC.to locate the same;
- Information reasonably sufficient to permit IST PROT INC.to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
Availability, errors and inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website.We attempt to be as accurate as possible regarding product descriptions, pricing and availability. However, unless specifically stated otherwise in writing on this Site, we do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on this Site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products on this Site does not imply or warrant that these products will be available over the internet at any particular time.in the event that you find an inaccuracy, please let us know so that we are able to correct it.
LINKING:
Links may be established from this Site to one or more external websites or resources operated by third parties (the "Third Party Sites"). We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Access to any Third Party Sites is at your own risk and IST PROT INC.will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
APPLICABLE LAW:
By visiting our Site, you agree that the laws of the State of Colorado, United States of America, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.
DISPUTES:
Any dispute between you and IST PROT INC. concerning this site or the materials located on this site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however that IST PROT INC. may commence action against you in a court of law for infringement of IST PROT’s intellectual property rights. By agreeing to arbitrate, each party is giving up its right to go to court and have any dispute heard by a judge or jury. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be administered exclusively by JAMS pursuant to its comprehensive arbitration rules and procedures then in effect. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof. The arbitration shall take place at a location in Colorado Denver, U.S. that is reasonably convenient for the parties, or another location that is mutually agreed upon by the parties. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify these terms or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of law.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
Website: This site and all information, content, materials and services included on or otherwise made available to you through this site are provided on an "as is" and "as available" basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk. We do not warrant that this site, information, content, materials or services included on or otherwise made available to you through this site, their servers, or email sent from us are free of viruses or other harmful components.
Products: With respect to products sold on this site, our express warranties are limited to those specified with each product. To the full extent permissible by applicable law, we disclaim all implied warranties, including, but not limited to, implied warranties of merchant ability and fitness for a particular purpose. In no event will we be liable to any party for any damages of any kind arising from the use of this site or from any information, content, materials (including software) or services included on or otherwise made available to you through this site, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if Stanley IST PROT INC. is expressly advised about the possibility of such damages, unless otherwise specified in writing. 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.
OTHER TERMS 、SITE MODIFICATION AND SEVERABILITY:
We reserve the right, in our sole discretion，to terminate your access to all or part of this Site, with or without cause,and with or without notice. These Terms will be construed according to, and the rights of the parties will be governed by, the laws of the State of Colorado, without reference to its conflict of laws rules.In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.These Terms constitute the entire agreement between you and Boen pertaining to the subject matter hereof. In our sole discretion, we may from time to time revise these Terms by updating this page. Your continued use of the Site or any purchase made thereon constitutes your acceptance of such modified terms.Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages within this Site. These Terms are personal to you, and you may not assign them, transfer them, or sublicense them without our prior written consent. However, we may assign, transfer, or delegate any of its right sand obligations under these Terms without your consent, and will not provide you with notice of any such event by email or by conspicuously posting the notice on the Site.
We may offer the opportunity to participate in sweepstakes, contests or other promotions through this Site. In addition to these Terms, the sweepstakes, contests or other promotions will be governed by terms and conditions specific to those sweepstakes, contests or promotions. If there is a conflict between these Terms and the terms and conditions for the sweepstakes, contests or other promotions, the terms and conditions for the sweepstakes, contests or promotions will control.
If any provision in these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforce ability of any remaining provisions.
Questions
If you have any questions about our Terms of Service, please contact us at www.boentools.com.