Terms and conditions for use for world wide web sites
owned, operated or controlled by The Stanley Works or
any of its Affiliates ("Stanley Sites")
PLEASE READ CAREFULLY
By accessing, browsing and/or using the
pages in any Site owned, operated or controlled by The
Stanley Works or any of its Affiliates, including this
Site, ("Stanley Sites") you agree to the terms
and conditions set forth here. If you do not agree, you
should not use Stanley Sites. If you are currently a party
to a separate, written agreement with The Stanley Works
or any of its Affiliates that has terms that are inconsistent
with these Terms and Conditions of Use, the terms of that
Agreement will apply to matters that are within the scope
of the Agreement.
ELECTRONIC COMMUNICATIONS
When you visit Stanley Sites or send e-mails
to us, you are communicating with us electronically. You
consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices
on Stanley Sites. You agree that all agreements, notices,
disclosures and other communications that we provide to
you electronically satisfy any legal requirement that
such communications be in writing.
COPYRIGHT
All content included on Stanley Sites, such
as text, graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and software
is the property of The Stanley Works, its Affiliates,
or their content suppliers and is protected by United
States and international copyright laws. The compilation
of all content on Stanley Sites is the exclusive property
of The Stanley Works (or the Affiliate identified in any
copyright notice on the site) and is protected by United
States and international copyright laws.
USE
Viewing a Stanley Site creates a copy of
Stanley materials in your computer's random access memory
and/or in your hard drive and/or in your proxy server.
You are hereby permitted to view this site and to print
pages for your own personal, noncommercial use, provided
that you do not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative
works from, transfer or sell any information, material,
software, printouts or services from the Stanley Site.
The materials published on Stanley Sites may not be copied,
distributed, republished, uploaded, posted or transmitted
in any way without the prior written consent of The Stanley
Works or its appropriate Affiliate.
TRADEMARKS
The trademarks, service marks and logos
(the 'Trademarks') used and displayed on Stanley Sites
are registered and unregistered Trademarks of The Stanley
Works, its Affiliates and others. Nothing on any Stanley
Site should be construed as granting, by implication,
estoppel or otherwise, any license or right to use any
Trademark displayed on the site without the prior written
consent of the Trademark owner. STANLEY, STANLEY in a
Notched Rectangle design, BOSTITCH, CONTACT EAST, GOLDBLATT,
HUSKY, JENSEN, LABOUNTY, MAC, PROTO, VIDMAR, and ZAG are
some of the registered and unregistered trademarks owned
by The Stanley Works and/or its Affiliates ("Stanley
Trademarks"). Stanley Trademarks may not be used
in connection with any product or service that is not
manufactured by or under license from The Stanley Works
or its appropriate Affiliate.
LINKS
Stanley Sites may include links to other
sites that contain information created, published, maintained
or otherwise posted by organizations independent of The
Stanley Works and its Affiliates. Stanley provides these
links only as a convenience, and does not endorse, approve,
certify, maintain or control these external sites and
does not guarantee the accuracy, completeness, efficacy,
timeliness or correct sequencing of information located
at such sites. Stanley reserves the right to remove these
links at any time and without notice.
Other parties may provide links to Stanley
Sites. Stanley does not require third parties to obtain
Stanley's consent prior to linking to Stanley Sites. Such
links may not, however, include frames or other features
that distort, mischaracterize or misrepresent the source
or ownership of materials on Stanley Sites or disparage
or are otherwise detrimental to Stanley. Stanley assumes
no responsibility for the content of sites that include
links to Stanley Sites, and makes no warranties or representations
whatsoever with respect to such sites. No materials may
be posted on Stanley Sites without the express written
permission of Stanley.
PRODUCTS AND PRICING
All products sold through Stanley Sites
are subject to the then existing Terms and Conditions
of Sale of the division or Affiliate responsible for sales
of such products. Links to these Terms and Conditions
can be found on the Home Pages of the relevant Stanley
Sites. Terms and Conditions of Sale, product prices, configurations
and availability are subject to change at any time by
Stanley.
DISCLAIMER
THE MATERIAL IN STANLEY SITES MAY INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. STANLEY
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 EXPRESS OR
IMPLIED. STANLEY DISCLAIMS ALL WARRANTIES AND CONDITIONS
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. STANLEY DOES NOT WARRANT THE
AVAILABILITY OF STANLEY SITES, THAT STANLEY SITES AND
YOUR USE OF STANLEY SITES WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT STANLEY SITES
OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF
VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. STANLEY DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OF OR THE RESULT OF THE USE OF STANLEY SITES AND/OR
THE MATERIALS IN STANLEY SITES IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY, APPLICATBILITY OR OTHERWISE.
YOU (AND NOT STANLEY) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. THE ABOVE RESTRICTION
MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT
LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING
IN THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS.
APPLICABLE LAW
By visiting a Stanley Site, you agree that
the laws of the State of Connecticut, United States of
America, without regard to conflict of law principals
that would dictate selection of another jurisdiction's
laws, will apply to these Terms and Conditions of Use
and any dispute of any sort that may arise between you
and Stanley.
DISPUTES
Any dispute between you and Stanley concerning
a Stanley Site or the materials located at a Stanley site
shall be submitted to final and binding arbitration as
the sole and exclusive remedy for such controversy or
dispute, provided, however, that Stanley may commence
action against you in a court of law for infringement
of Stanley's intellectual property rights. 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 governed exclusively by the United States Federal
Arbitration Act and will take place according to the Commercial
Rules of the American Arbitration Association. The arbitration
will be held in Hartford, Connecticut. 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 in a United States Court of Law.
MODIFICATION TO TERMS AND CONDITIONS
Stanley can revise the Terms and Conditions
at any time by modifying or updating this posting. Your
use of a Stanley 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.
SEVERABILITY
If any of these terms
and conditions is deemed invalid, void or unenforceable
for any reason, that provision shall be deemed severable
and shall not affect the validity and enforceability of
the remaining terms and conditions.
