Terms of Service
PLEASE READ THE FOLLOWING CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, OR ANY SUBSEQUENT CHANGE TO THE TERMS, YOU MAY NOT ACCESS THE WEBSITE OR USE ANY SERVICES.
This website is owned and operated by Amax Inc. ("Amax”, "we”, "our”, "us”). Amax offers the BostitchOffice.com website ("Website”, "Site”), including all information, tools, and services (collectively, the "service” or "services”) available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting this Website, downloading content, and/or placing any purchase on this Site, you agree to be bound by the following terms and conditions ("Terms of Service”, "Terms”), set forth herein without modification. These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, and/or contributors of content. Other than these Terms and agreements between you and Amax relating to the sale of products or services to you through this Site, Amax will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective. Any violation of the Terms will result in termination of your account.
All text, graphics, button icons, photographs, printables, designs, trademarks, PDFs, videos, sounds, audio, and other intellectual property rights (registered and unregistered) (collectively the "content”) belong exclusively to Amax Inc. or its affiliates. The collection, arrangement, and assembly of all content on the website belongs exclusively to Amax Inc. and its affiliates. You may not modify any of the content on the website or use any of it for any commercial purpose without Amax’s prior written permission. You may not remove any copyright notice or other proprietary notice from the content or website.
Black+Decker and other logos, slogans, trade names, trademarks, service marks, or words are marks of Amax Inc. and may not be copied, imitated, or uses, in whole or in part, without Amax’s prior written permission. You may not use Amax’s trademarks or service marks in any manner that discredits or disparages Amax or the website.
As between the parties, you acknowledge that the website retains ownership of all content and any portions or copies thereof, and all rights therein. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any content displayed on the Site, without the prior written permission of the content owner.
User Comments, Feedback, Reviews and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, and personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
We may restrict, suspend, or terminate your account or your use and/or access to this Website at any time, for any reason or no reason, in our sole discretion. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and/or accordingly may deny you access to our services (or any part thereof).
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the service or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Account Creation, Order Processing, Returns & Refunds
For information about creating an account with us, order processing, returns and refunds, please read our FAQ.
By uploading your photograph(s), image(s) and/or video(s) (collectively "User Content”) on our website, or through social media networks by responding #yes or yes to our request to use your User Content, you agree and grant Amax Inc. (dba Bostitch Office) and its parents, agents, employees, successors, affiliates and/or related entities (collectively herein "Amax”) an absolute unrestricted, non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, copy, distribute, publish, copyright, broadcast, display, combine with other materials, edit, alter and/or modify your User Content along with your name, handle, likeness in any and all forms of media, including but not limited to its webpages, social media platforms, third party websites or materials, digital and physical owned channels and any and all mediums for all promotional, marketing, advertising, promotion and sale of Amax products, and any other commercial usages without any consideration or compensation due to you. Amax may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in its sole discretion, without any obligation or additional permission from you.
You represent and warrant to Amax that (i) you are over the age of 18, (ii) have the requisite right to transmit, distribute, replicate, and post the User Content, (iii) you are the copyright owner or have the copyright owner's permission required to grant the rights to the User Content provided herein, (iv) you hold the rights necessary to grant the licenses described herein, (v) you have obtained the consent of each person, if any, depicted in the User Content, (vi) you are the parent or legal guardian of each child under the age of 13, if any, depicted in the User Content, (vii) the User Content, and Amax’s use of the User Content as permitted under these terms and conditions, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party, and (viii) you will comply with the Federal Trade Commission guidelines on testimonials and endorsements.
You agree to forever release, discharge, indemnify, defend, and hold harmless Amax from and against, and covenant not to sue for, any claims, actions, losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees, including but not limited to any claims for defamation or infringement of publicity, privacy or "moral” rights arising from or in connection with the distribution, display and/or use of the User Content, or arising out of or related to any breach of any of the above representations and warranties. You expressly and unconditionally release Amax from any claims, damages, actions, or liabilities arising from Amax’s use of the User Content as permitted herein.
If at any time you believe that any of the representations and warranties provided above is not correct, you must notify us immediately by sending an email to email@example.com and identifying the User Content along with a detailed explanation of the issue.
Disclaimer of Warranties; Limitation of Liability
WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk.
In no case shall Amax Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
These Terms of Service and any separate agreements whereby we provide you services shall be governed and construed in accordance with the laws of the State of Rhode Island and Providence Plantations. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Providence, Rhode Island, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or these Terms, (b) in which this Site and/or these Terms are an issue or a material fact, or (c) in which this Site and/or these terms are referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
Changes to Terms of Service
Amax Inc. reserves the right, at our sole discretion, to update, change, or replace any part of these terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org.