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.mitchell1.com,
http://www.shopkeysupport.com, http://www.mitchellsupport.com, shopkeyweb.com, www.asetestpreparation.com, www.mitchellrep.com, www.ondemand5direct.com and http://www.shopkey5now.com (collectively,
the "Site") and any other World Wide Web site owned, operated,
licensed, or controlled by Mitchell Repair Information Company, (Snap-on) LLC., a division of 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
Mitchell Repair Information Company, (Snap-on) LLC., a division of Snap-on Incorporated ("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 it. The Materials in this site are provided for lawful
purposes only.
SOFTWARE LICENSES
Licenses for Snap-on Electronic Products sold through this site
are subject to the terms and conditions of Snap-on's 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, INCLUDING CHANGES TO PRICING AND
TERMS AND CONDITIONS OF SALE. 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.
EQUAL OPPORTUNITY EMPLOYER
Snap-on is an equal opportunity employer committed to a diverse
workforce. Snap-on independent sales representatives 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 sales terms and conditions unless otherwise specified.
Product prices, configurations, and availability are subject
to change at any time by Snap-on.
Snap-on may provide access to international information, which
information may contain references or cross references to products,
programs and services that are not currently available in your
country. Snap-on's provision of references to such products, programs
and services does not necessarily mean or otherwise imply that
the products, programs and services announced or discussed are
available in countries other than the United States. Snap-on may
also provide access to information which may contain references
or cross references to products, programs and services that
are not announced or available in all United States markets.
Snap-on's provision of references to such products, programs and
services does not necessarily mean or otherwise imply that the
products, programs and services announced or discussed are available
in all United States markets or all markets where Snap-on conducts
business.
SUBMISSIONS
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 your 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. ShopKey5.com
users may only terminate this agreement under the terms of the
License Agreement. Users of non-paid Snap-on sites may terminate
this agreement by destroying: (a) all Materials obtained from
all Snap-on sites, and (b) all related documentation and all copies
and installations. Snap-on may terminate this agreement immediately
without notice if, in its sole judgment, you breach any term
or condition of this agreement. 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 in this site are
made available only to provide information about Snap-on. Snap-on
controls and operates this site from its headquarters in San
Diego, California, 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 U.S. Treasury Department's
Specially Designated national list, or (c) to anyone on the
U.S. 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 U.S.
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 Restricted
Rights at 48 CFR 52.227-19, as applicable.
Access to this Site is governed by U.S. federal law and/or
the laws of the State of California, excluding any conflict
of laws provisions that would refer to and apply the substantive
laws of another jurisdiction. Any legal action 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 California,
U.S.A. and, in the case of arbitration the arbitration shall
take place in California 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
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.
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
These Terms and Conditions will be governed by and be interpreted
pursuant to the laws of the State of California, United States
of America, notwithstanding any principles of conflicts of law.
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.
Copyright © 2009 Mitchell Repair Information Company, (Snap-on) LLC., a division of Snap-on Incorporated ("Snap-on").
All rights not expressly granted herein are reserved.
Last updated Feb, 2009.
