TERMS
OF USE
These Terms of Use (“Terms”) govern your use of the OellaSawAndTool.com
website (“Site") and supersede any prior agreement between you and OellaSawAndTool.
Binding Contract
THIS IS A BINDING CONTRACT BETWEEN YOU AND OELLASAWANDTOOL. BY
ACCESSING AND USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS,
THE OTHER TERMS LISTED UNDER "SUPPORT" ON THIS SITE, AND THE OELLASAWANDTOOL
PRIVACY POLICY LOCATED AT HTTPS://WWW.OELLASAWANDTOOL.COM/T-PRIVACY. YOU
ARE NOT PERMITTED TO USE THE SITE OR ANY OF THE FEATURES OR SERVICES AVAILABLE
THROUGH THE SITE UNLESS YOU AGREE TO THESE TERMS. PLEASE READ THEM
CAREFULLY. YOUR USE OF THE SITE CONSTITUTES ACCEPTANCE OF THESE
TERMS.
Proprietary Rights and
License
Unless otherwise noted, all of the content available through the
Site (“Site Content”) is owned by OellaSawAndTool or its licensors or
licensees. Except for the limited license below, you do not obtain any rights
in any of Site Content by your use of the Site or otherwise.
Subject to these Terms, OellaSawAndTool grants you a personal,
non-transferable, and non-exclusive limited license to access and use the Sites
for your own personal, non-commercial use. This license includes the
right to (a) copy and download materials from the Site as needed for you to
view them through your browser and (b) print screen shots of products, product
descriptions, and similar materials for your personal reference use, provided
you do not delete or modify any copyright or other proprietary
notices. OellaSawAndTool may terminate this license upon notice to
you, in which case you must cease all use of the licensed
materials. Except as otherwise expressly permitted, you are not
permitted to make any other use of the Site or the Site Content.
License Restrictions
The license granted to you by OellaSawAndTool is limited to your
use of the Site for your own personal, non-commercial use. It is
also subject to certain restrictions. Unless OellaSawAndTool gives
you express written authority, you may not (a) resell any of the Site Content;
(b) distribute, publicly perform, or publicly display any of the Site Content;
or (c) modify or make any derivative uses of the Site or the Site Content (or
any portion thereof).
In addition, under no case are you permitted to:
· use any
data mining, scraper, spider robots, or similar data gathering or extraction
methods to access, monitor, or copy any Site Content or other content or
information used by the Site;
· violate
the restrictions in any robot exclusion headers on the Site or circumvent any
other measures used to prevent or limit access to the Site;
· take
any action that imposes, or may impose, in OellaSawAndTool's sole
discretion, an unreasonable or disproportionately large load on our
infrastructure;
· engage
in deep-linking to any portion of the Site for any purpose;
· “frame”,
“mirror” or otherwise incorporate any part of the Site into any other web site;
· use the
Site or the Site Content other than for their intended purpose; or
· post
content to the Site in violation of the Terms.
Any use of the Site or Site Content other than as expressly
permitted by these Terms will constitute a violation of the Terms and may
constitute infringement of OellaSawAndTool’s intellectual
property and other proprietary rights and a violation of applicable law.
Personal Information
In the course of your use of the Site, you may be asked to
provide certain personal information to us (such information referred to
hereinafter as “Personal Information”). OellaSawAndTool’s policies
for collecting, using and protecting Personal Information are set forth in the OellaSawAndTool
Privacy Policy at https://www.OellaSawAndTool.com/t-privacy, which is part of
these Terms. You acknowledge and agree that you are solely responsible for the
accuracy and content of Personal Information.
Investigations
OellaSawAndTool reserves the right, without any limitation
whatsoever, to: (a) investigate any suspected breaches of security
for the Site or its information technology or other systems or networks, (b)
investigate any suspected breaches of these Terms or violations of any
additional terms, conditions and rules posted in connection with a particular
service or feature on the Site, (c) involve and cooperate with law enforcement
authorities in investigating any such matters, (d) prosecute violators of these
Terms to the full extent of the law, (e) delete or modify any content on the
Site, including any materials or items you may have acquired through your use
of the Site, and (f) discontinue any of the Site or terminate your access to
them at any time, without notice, for any reason and without any obligation to
you whatsoever.
Privacy
OellaSawAndTool may collect certain information in order to
operate the Site and to fulfill your requests or enable participation in
certain online activities. Under the OellaSawAndTool Privacy Policy,
we may disclose to third parties certain aggregate information contained in
your registration information (if any) or related information. OellaSawAndTool
will not, however, disclose Personal Information to anyone outside our
corporate family, except our agents and service providers, unless: (a) you
specifically authorize us to do so, (b) we believe, in good faith, that such
disclosure is necessary either to comply with the law or a legal process
(including subpoenas and other court orders), or to enforce these Terms, or (c)
it is otherwise permitted under our Privacy Policy (which we may amend from
time to time, without notice to you). For more information about and
to read the OellaSawAndTool Privacy Policy see https://www.OellaSawAndTool.com/t-privacy.
Links to Other Sites
The Site may contain links to or from third-party sites (“Linked
Sites”), including, without limitation, sites operated by advertisers,
licensors, licensees, and promotional and business partners. OellaSawAndTool
has no control over the content of Linked Sites, and OellaSawAndTool does not
assume any obligation to review any Linked Sites. OellaSawAndTool does not
endorse, approve, or sponsor any Linked Sites, or any content, advertising,
information, materials, products, services, or other items on or available on
or from them, and OellaSawAndTool disclaims all liability in connection
therewith. Any activity you engage in connection with a Linked Site is subject
to the privacy policy, conditions of use, and other terms imposed by the
operator of the Linked Site and OellaSawAndTool disclaims all liability in
connection therewith.
Copyright Claims
OellaSawAndTool will respond appropriately to notices of alleged
copyright infringement that comply with the U.S. Digital Millennium Copyright
Act (“DMCA”), as set forth below. If you own copyrights in a work and
believe that your intellectual property rights in that work have been infringed
by an improper posting or distribution of it via the Site, then send OellaSawAndTool
a written notice that includes all of the following:
· a
legend or subject line that says: “DMCA Copyright Infringement Notice”;
· a
description of the copyrighted work that you claim has been infringed;
· the URL
of the site and a description of where the material that you claim is
infringing is located on that site;
· your
address, telephone number, and email address;
· a
statement by you that you have a good faith belief that the alleged infringing
material is not authorized by the copyright owner, its agent, or the law;
· a
statement by you, made under penalty of perjury, that all the information in
your notice is accurate, and that you are the copyright owner (or, if you are
not the copyright owner, then your statement must indicate that you are
authorized to act on the behalf of the owner of an exclusive right that is
allegedly infringed); and,
· your
electronic or physical signature.
OellaSawAndTool will only receive DMCA notices by mail, email,
or facsimile directed to OellaSawAndTool's Designated
Agent at the addresses below:
By Email: dave@OellaSawAndTool.com
OellaSawAndTool may elect to not respond to DMCA notices that do
not comply with all of the foregoing requirements, and OellaSawAndTool may
elect to remove allegedly infringing material that comes to its attention via
notices that do not comply with the above.
Product Warranty and
Returns
PRODUCT WARRANTIES (IF
ANY) ARE GIVEN BY THE PRODUCT MANUFACTURER; NOT OELLASAWANDTOOL. UNLESS
OTHERWISE PROVIDED ON THE SITE, OELLASAWANDTOOL EXPRESSLY DISCLAIMS TO THE
FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES
ABOUT THE PRODUCTS FOR SALE ON THE SITE, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Warranty Disclaimers and
Waiver
UNLESS OTHERWISE EXPRESSLY PROVIDED, THE SITE, AND ALL SITE
CONTENT AND PRODUCTS, AND OTHER MATERIALS AND INFORMATION INCLUDED IN OR MADE
AVAILABLE IN CONNECTION WITH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES
WHATSOEVER. OELLASAWANDTOOL EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED
BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OELLASAWANDTOOL ALSO DISCLAIMS
ANY WARRANTIES REGARDING THE ACCURACY, SECURITY, RELIABILITY, TIMELINESS,
AVAILABILITY, COMPATIBILITY, AND PERFORMANCE OF THE SITE AND INFORMATION
THEREON. OELLASAWANDTOOL FURTHER DISCLAIMS ANY WARRANTIES FOR ANY INFORMATION
OR ADVICE OBTAINED THROUGH ANY CONTENT ON THE SITE. FINALLY, OELLASAWANDTOOL
DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED
ON THE SITE OR IN CONNECTION WITH THE SITE OR RECEIVED THROUGH ANY LINKS
PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH
ANY LINKS PROVIDED ON THE SITE.
YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST OELLASAWANDTOOL, ITS AFFILIATES,
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WITH RESPECT TO THE SITE, ANY
CONTENT ON THE SITE, AND ANY OELLASAWANDTOOL PRODUCTS AND/OR SERVICES, AS WELL
AS ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING, WITHOUT LIMITATION,
CREDIT CARD AND OTHER PERSONAL INFORMATION).
Limitation of Liability
OellaSawAndTool will not be liable under any theory of law, for
any and all damages, claims, or causes (such as, but not limited to, punitive
damages, breach of contract damages, loss of profits, business interruption,
loss of information or data, or costs of replacement goods) arising out of or
relating to your use or inability to use the Site or resulting from use of or
reliance on the information presented, even if OellaSawAndTool may have been
advised of the possibility of such damages. If you are dissatisfied with the
Site, you do not agree with any part of these Terms, or you have any other
dispute or claim with or against OellaSawAndTool with respect to these Terms or
the Site, then your sole and exclusive remedy is to discontinue using the Site.
The exclusion of damages under this section is independent of your exclusive
remedy and survives in the event such remedy fails of its essential purpose or
is otherwise deemed unenforceable. These limitations and exclusions apply
without regard to whether the damages arise from (a) breach of contract, (b)
breach of warranty, (c) negligence, or (d) any other cause of action. The
foregoing limitation of liability shall apply to the fullest extent permitted
by law in the applicable jurisdiction. In any event, OellaSawAndTool’s aggregate
liability shall not exceed USD $100. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE
TO STATE.
Force Majeure
Without limiting any provision in the previous section, OellaSawAndTool
shall not be liable or be deemed to be in breach of these Terms for any failure
to perform, or delay in performing, any of OellaSawAndTool’s obligations
in relation to the OellaSawAndTool products if the delay or failure was due to
any cause beyond OellaSawAndTool’s reasonable
control. Causes beyond OellaSawAndTool’s reasonable
control shall include, but not be limited to, acts of God, flood, explosion,
natural catastrophe, storms, fire or accident; war or threat of war, blockade,
sabotage, insurrection, terrorism, riot or civil disturbance; acts,
restrictions, regulations, laws, prohibitions or measures of any kind on the
part of any governmental, international, federal, state or local authority;
import or export regulations or embargoes; strikes or other industrial actions
or trade disputes (whether involving employees of OellaSawAndTool or a third
party); problems in obtaining raw materials, labor, transportation, fuel, parts
or machinery; and power failure or breakdown in machinery, including computer
or other equipment failure. In the event of any such default or delay, the date
for performance shall be extended for a period equal to the period during which
such aforesaid cause, circumstance or contingency remains in effect.
Indemnification
You agree to indemnify, defend and hold OellaSawAndTool, its
officers, directors, employees, agents, licensors and suppliers harmless from
and against all losses, liabilities, expenses, damages and costs, including
reasonable attorneys' fees and costs, resulting from any violation of these
Terms or any activity related to use of the Site by anyone using your user
account or password.
Applicable Law
These Terms, together with the Privacy Policy, Shipping Policy,
Return Policy and Security Policy constitute the entire agreement between you
and OellaSawAndTool concerning your use of the Site, superseding any prior
agreements between you and OellaSawAndTool with respect to the Site. These
Terms and the relationship between you and OellaSawAndTool shall be subject to
the internal laws of the State of New York without giving effect to its
principles on conflict of laws and shall be applied to any arbitration under
these Terms.
Binding Arbitration; Class
Action Waiver
Except for matters relating to the enforcement of OellaSawAndTool's intellectual property rights, all
disputes, controversies, or claims arising out of or relating in any way to the
Site, your participation in any of the features available through them and/or
your purchase of any products, content or services shall be finally resolved by
as provided below. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE WITH OELLASAWANDTOOL
BEFORE A JUDGE OR JURY. The arbitral tribunal shall have the power
to rule on any challenge to its own jurisdiction or to the validity or
enforceability of any portion of this agreement to arbitrate. You
and OellaSawAndTool agree to arbitrate solely on an individual basis and
expressly waive the ability to participate in a class or representative
proceeding, including any class arbitration or representative arbitration
proceedings. The arbitral tribunal may not consolidate more than one
person’s claims and may not otherwise preside over any form of a representative
or class proceeding. In the event the prohibition on class
arbitration is deemed invalid or unenforceable, then the remaining portions of
the agreement to arbitrate will remain in force. To the extent that
you or OellaSawAndTool opts out of arbitration following the procedure set
forth below, or if this arbitration agreement is found inapplicable to a dispute
between us, you and OellaSawAndTool expressly waive the ability to participate
in any class or representative litigation.
If a dispute arises that is subject to arbitration, you must
give OellaSawAndTool written notice and an opportunity to resolve it. Your notice
must include your name, your address, a written description of the dispute, and
a specific description of the relief you are seeking. If OellaSawAndTool
does not resolve our dispute within forty-five (45) days after receiving your
notice, you may pursue arbitration as below by sending a written demand for
arbitration to OellaSawAndTool at the address set forth above in “Copyright
Claims.”
Any dispute or claim that is subject to arbitration but is not
resolved by the pre-arbitration dispute process shall be submitted to binding
arbitration. The disputes and claims subject to arbitration will be
resolved by a single arbitrator mutually agreed upon by you and OellaSawAndTool. If
we cannot agree on an arbitrator, then an arbitrator shall be selected pursuant
to Rule 12 of the JAMS Streamlined Arbitration Rules and
Procedures. The arbitrator shall be bound by and shall strictly
enforce these Terms and any other applicable agreement between us, and may not
limit, expand, or otherwise modify any such terms. The arbitrator may award any
relief that a court of law could, applying the limitations of liability
contained in these Terms. The arbitrator may award injunctive relief if
permitted by law – but the injunctive relief awarded by the arbitrator may not
extend beyond our dealings with one another. Any arbitration will be held in
New York City, New York, unless otherwise agreed upon by you and OellaSawAndTool
in writing. You and OellaSawAndTool will each bear its own expenses
in the arbitration and will share equally the costs of the arbitration;
provided, however, that the arbitrator shall award costs and fees to the
prevailing party if it is determined that the other party submitted a claim
with no reasonable basis or filed any claim in bad faith
You may opt out of the agreement to arbitrate by providing
written notice of your intention to do so to OellaSawAndTool at the address
above no later than 60 days after initial acceptance of these
Terms. The procedure spelled out herein is the only way to opt out
of arbitration, and any attempts to opt out after the deadline set forth herein
will be ineffective. Notwithstanding your decision to opt out of
arbitration, you still waive the ability to participate in any class or
representative litigation.
Because the Site and these Terms concern interstate commerce,
the Federal Arbitration Act governs the interpretation and enforcement of the
arbitration rules (notwithstanding the application of New York law to any
underlying claims as provided above). You agree the arbitration and other provisions
of this section “Binding Arbitration; Class Action Waiver” survives any
termination of these Terms.
Severability; Survival
The Terms shall survive termination of your agreement with OellaSawAndTool. If
any provision of these Terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall deemed severable from these Terms and
shall not affect the validity and enforceability of any remaining provisions.
Modification of Terms
OellaSawAndTool may periodically modify the Terms without
notice. Changes to the Terms will be effective (a) 30 days after we provide you
with email notice of the changes or (b) the date on which they are posted on
the Site. If you do not agree to any change to the Terms, you must
cease use of the Site. Your continued access and use of the Site signifies your
acceptance of the Terms as modified.
Last updated: March 8, 2022