LEGAL NOTICES
TERMS AND CONDITIONS OF
USE
PLEASE READ CAREFULLY
By
accessing, browsing and/or using the pages in this Site,
you agree to these terms and conditions. If you do not agree,
you should not use this Site. If you are currently a party
to a formal purchase agreement with Snap-on or any of its
affiliates (such as an industrial distribution agreement
or a master purchase agreement), the terms of that agreement
will supersede any terms of this Site to the extent inconsistent.
The materials published
in this site, http://www.shopkey5.com,
http://www.shopkeyrewards.com,
http://www.shopkeysupport.com,
http://www.snapon.com/, http://www.snapon.com/ and http://buy.snapon.com (collectively,
the "Site") and any other World Wide Web site owned, operated,
licensed, or controlled by Snap-on Incorporated ("Snap-on")
or any of its related, affiliated or subsidiary companies
(collectively the "Materials") may not be copied or distributed,
or republished, uploaded, posted or transmitted in any way,
without the prior written consent of Snap-on or any of its
relevant related, affiliated or subsidiary company or companies,
as the case may be, EXCEPT: you may download one copy of
the Materials on one computer for use on that computer only,
provided you do not delete or change any copyright, trademark
or other proprietary notices, and provided you do not further
copy or post the Materials on any network computer or distribute
the Materials in any media. Modification or use of the Materials
for any other purpose violates Snap-on's intellectual property
rights. Snap-on owns or has licensed all Materials contained
in this Site and retains all right and title to them. The
Materials in this Site are provided for lawful purposes
only.
SOFTWARE LICENSES
Any
licenses for Snap-on electronic products sold through this
Site are subject to the terms and conditions of the Snap-on
Online End User License Agreement. Any other software downloaded
from this Site, including, without limitation, all files,
images and/or applets contained in or generated by software,
and accompanying data (together, the "Software") is licensed
to you by Snap-on for use on the computer described in the
preceding paragraph only. Neither title nor intellectual
property rights, except for the limited license rights granted
in this Section, are transferred to you, but remain with
Snap-on, which owns full and complete title. You may not
decompile, reverse engineer, disassemble, copy, adapt, translate
or modify the Software. You also may not resell, lease,
sublicense or otherwise transfer the Software to any third
party. We reserve the right to terminate this limited license
at any time.
USER IDS AND PASSWORDS
You
will be solely responsible for the maintenance and security
of your login identifier and password. Your login identifier
and password are unique to you, and you agree not to disclose
or share your login identifier and password with any third
party. Snap-on reserves the right to deny or revoke access
to this Site, or any part thereof, at any time in our sole
discretion, with or without cause. Your access to this Site
will terminate upon the termination of this Agreement for
any reason.
DISCLAIMER
THE MATERIAL IN THIS SITE
MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
SNAP-ON MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT
NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS"
AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER
EXPRESSED OR IMPLIED. SNAP-ON DISCLAIMS ALL WARRANTIES AND
CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT. SNAP-ON DOES NOT WARRANT
THE AVAILABILITY OF THE SITE, THAT THE SITE AND YOUR USE
OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. SNAP-ON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE
AND/OR THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE.
YOU (AND NOT SNAP-ON) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
SHOPKEY REWARDS BENEFITS
ARE SUBJECT TO CHANGE AT ANY TIME.
EQUAL OPPORTUNITY EMPLOYER
Snap-on
is an equal opportunity employer committed to a diverse
workforce. Snap-on's independent sales representatives and
franchisees hire their own employees and establish their
own terms and conditions of employment, which may differ
from those described.
RESTRICTION
OF LIABILITY
SNAP-ON
WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR
USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY
IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
SNAP-ON WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING
BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, THE SITE AND/OR THE MATERIALS IN THIS SITE, EVEN IF
THERE IS NEGLIGENCE BY SNAP-ON OR BY AN AUTHORIZED SNAP-ON
REPRESENTATIVE, OR AN AUTHORIZED SNAP-ON REPRESENTATIVE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH
DAMAGES. SNAP-ON'S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES
AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT
YOU PAID TO SNAP-ON, IF ANY, TO ACCESS THIS SITE.
PRODUCTS AND PRICING
All
Snap-on products sold through this Site are subject to Snap-on's
standard Terms
and Conditions of Product Sale unless otherwise specified.
Product prices, configurations, and availability are subject
to change at any time by Snap-on. Including changes to pricing
and Terms and Conditions of Product Sale. Snap-on shall
have the right to refuse or cancel any order or delivery
at any item for any reason including in the event of a pricing
error. Currently, the products displayed are available for
delivery to addresses within the United States only.
If you would like to order products for delivery outside
the United States, call 1-877-762-7664 for additional
information. All prices displayed on the Site are
quoted in U.S. dollars and are valid and effective only
in the United States.
All
remarks, suggestions, ideas, graphics, or other information
communicated to Snap-on through this Site (together, the
"Submission") will forever be the property of Snap-on and
you waive all of your rights, including but not limited
to moral rights, therein if applicable. Except as described
in our Privacy Policy, Snap-on
will not be required to treat any Submissions as confidential,
and will not be liable for any ideas for its business (including
without limitation, product or advertising ideas) and will
not incur any liability as a result of any similarities
that may appear in future Snap-on operations. Without limitation,
Snap-on will have exclusive ownership of all present and
future existing rights to the Submission of every kind and
nature everywhere. Except as noted below in the last paragraph
of this section, Snap-on will be entitled to use the Submission
for any commercial or other purpose whatsoever without compensation
to you or any other person sending the Submission.
Your
Submission, including personally identifiable information,
is voluntary and subject to the Privacy Policy. You are
responsible for the content of the Submission and agree
to defend (at Snap-on's option and at your sole expense),
indemnify and hold Snap-on harmless from any damages, losses,
costs, or expenses, including attorneys' fees, which Snap-on
may incur as a result of your Submission. If you are viewing
this Site on a public computer or are otherwise using a
computer to which multiple people have potential access,
be sure to follow all relevant instructions to ensure you
are sufficiently disconnected and logged off this Site and
the computer system you are using to prevent unauthorized
Submissions or access to your Snap-on account. Snap-on retains
the right to review, edit, or delete from this Site any
Submission which Snap-on in its sole discretion considers
illegal, offensive, or otherwise inappropriate. You are
solely responsible for maintaining and keeping secure your
Snap-on account information.
If
you wish to submit a product idea for which you claim intellectual
property rights, please send an e-mail to questions@snapon.com, eorders@snapon.com, or write to: Snap-on
Incorporated, Product Ideas, 2801 80th Street,
Kenosha, Wisconsin 53141 requesting our terms for receiving
such ideas. Do not send the product idea at this time.
TRADEMARK INFORMATION
SNAP-ON,
SUN, JOHN BEAN, FLANK DRIVE, BLUE POINT, WILLIAMS, VANTAGE
and INTEGRITY are registered trademarks of Snap-on Technologies,
Inc. in the United States, and some are registered in other
countries. All other Snap-on trademarks, service marks,
domain names, logos, and company names referred to on this
Site are either trademarks, registered trademarks, service
marks, domain names, logos, company names of or are otherwise
the property of Snap-on Technologies, Inc. or its affiliates.
In countries where any of the Snap-on trademarks, service
marks, domain names, logos and company names are not registered,
Snap-on Technologies, Inc. claims other rights associated
with unregistered trademarks, service marks, domain names,
logos, and company names. Other product or company names
referred to on this Site may be trademarks of their respective
owners. You may not use any trademark, service mark, domain
name, logo, or company name of Snap-on or any third party
without permission from the owner of the applicable trademark,
service mark, domain name, logo, or company name. You may
contact Snap-on by sending an e-mail to questions@snapon.com, or writing
to Snap-on Incorporated, P.O. Box 1430, Kenosha, Wisconsin
53141-1430, to request written permission to use Materials
on this Site for purposes other than stated in the Terms
and Conditions or for all other questions relating to this
Site.
LINKS
At
certain places on this Site, live "links" to other Internet
addresses can be accessed. Such external Internet addresses
contain information created, published, maintained, or otherwise
posted by organizations independent of Snap-on. Snap-on
does not endorse, approve, certify, maintain, or control
these external Internet addresses and does not guarantee
the accuracy, completeness, efficacy, timeliness, or correct
sequencing of information located at such addresses. Snap-on
provides the links only as a convenience. Use of any information
obtained from such addresses is voluntary, and reliance
on it should only be undertaken after an independent review
of its accuracy, completeness, efficacy, and timeliness.
Neither the inclusion of the link in this Site nor reference
therein to any specific commercial product, process, or
service by trade name, trademarks, service mark, manufacturer,
or otherwise constitutes or implies endorsement, recommendation,
or favoring by Snap-on.
There
may be circumstances where access to this Site is provided
by a hypertext link located at another site. Snap-on has
no responsibility for the content of such other sites, Snap-on
does not make any representations or give any warranties
or conditions with respect to any information contained
in or at these other sites and Snap-on shall not be liable
for any damages or injury arising from the content of or
access to these other sites. Snap-on does not endorse the
individuals, companies or other similar entities, or any
products or materials associated with such individuals,
companies or other similar entities, which provide a link
to this Site. Unless approved in writing in advance by Snap-on,
you agree not to: (a) provide or create a link to this Site;
and (b) create any frames at any other sites pertaining
to any of the Materials located at this Site. You also agree
not to post any materials at this Site without the express
written permission of Snap-on.
TERMINATION
Snap-on
or you may terminate this agreement at any time. You may
terminate this agreement by destroying: (a) all Materials
obtained from the Site, and (b) all related documentation
and all copies and installations. Upon termination, you
must destroy all Materials including, without limitation,
permanently deleting all Materials from any computer and/or
media and, upon Snap-on's request, certify in writing that
all Materials have been destroyed.
JURISDICTION;
COMPLIANCE WITH LAWS
Except
as described otherwise, all Materials on this Site are made
available only to provide information about Snap-on.
Snap-on controls and operates this Site from its headquarters
in Kenosha, Wisconsin, United States of America and
makes no representation that these Materials are appropriate
or available for use in other locations. If you use this
Site from other locations, you are responsible for compliance
with applicable local laws including, without limitation,
all export laws. Some software from this Site may be subject
to export controls imposed by the United States and may
not be downloaded or otherwise exported or reexported: (a)
into (or to a national or resident of) any country to which
the U.S. has placed an embargo, including without limitation,
Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia;
(b) to anyone in the US Treasury Department's Specially
Designated national list, or (c) to anyone on the US Commerce
Department's Table of Denial Orders. If you download or
use the Software, you represent and warrant that you are
not located in, or under the control of, or a national or
resident of any such country or on any such list.
All information available
at this Site may be subject to US export control laws and
may also be subject to the laws of the country where you
reside. All Snap-on products and publications are commercial
in nature. Any Materials copied or downloaded from this
Site for or on behalf of the United States of America, its
agencies and or instrumentalities ("U.S. Government") is
provided with restricted rights. Use, duplication or disclosure
by the U.S. Government is subject to the restrictions as
set forth in subparagraph (c)(1)(ii) of the Rights in Technical
Data and Computer Software clause at DFARS 252.227-7013
or subparagraphs (c)(1) and (2) of the Commercial Computer
Software ¾ Restricted Rights at 48 CFR 52.227-19, as applicable.
Access to this Site and
its terms and conditions are governed by U.S. federal law
and/or the laws of the State of Wisconsin, excluding
any conflict of laws provisions that would refer to and
apply the substantive laws of another jurisdiction. ANY
LEGAL ACTIN OR PROCEEDING RELATING TO YOUR ACCESS TO, OR
USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR
FEDERAL COURT LOCATED IN THE STATE OF WISCONSIN, U.S.A.
AND, IN THE CASE OF ARBITRATION THE ARBITRATION SHALL TAKE
PLACE IN CHICAGO, ILLINOIS ACCORDING TO THE PROCEDURE SET
FORTH BELOW. YOU AND SNAP-ON AGREE TO SUBMIT TO THE JURISDICTION
OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY
SUCH LEGAL ACTION OR PROCEEDING.
ARBITRATION
Any controversy or dispute
between you and Snap-on concerning this Site or the Materials
shall be submitted to final and binding arbitration as the
sole and exclusive remedy for such controversy or dispute.
Any claim 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 governed exclusively
by the Federal Arbitration Act, and arbitration shall take
place according to the Commercial Rules of the American
Arbitration Association. The arbitration will be held in
Chicago, Illinois. 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 the terms of
this Agreement or to award punitive or exemplary damages,
and the award may be enforced by judgment. Before, during,
or after arbitration each party shall have the right, without
awaiting the outcome of the arbitration, to seek provisional
remedies from an appropriate court including but not limited
to temporary restraining orders or preliminary injunctions.
Seeking any such remedies shall not be deemed a waiver of
either party's right to compel arbitration.
WAIVER
No delay or omission by
Snap-on to exercise any right occurring upon any noncompliance
on your part with respect to any of the terms of this agreement
will impair any such right or power or be construed to be
a waiver thereof. Any waiver by Snap-on of any of the covenants,
conditions or agreements to be performed by you will not
be construed to be a waiver of any succeeding breach thereof
or of any covenant, condition or agreement herein contained.
MODIFICATIONS TO TERMS
AND CONDITIONS
Snap-on can revise these
Terms and Conditions at any time by modifying or updating
this posting. Your use of this Site on or after the effective
date of any such modification or update will constitute
your acceptance of these Terms and Conditions as modified
and/or updated.
MISCELLANEOUS
If
any part of these Terms and Conditions is unlawful, void,
or unenforceable, that part will be deemed severable and
will not affect the validity and enforceability of any remaining
provisions. Any information related to your use of this
Site for illegal purposes will be provided to law enforcement
authorities. These Terms and Conditions and the Privacy
Policy constitute the entire agreement between the parties
relating to the use of this Site.
