Terms and Conditions

Terms of Use

SmithTool offers this Site to you subject to the following terms and conditions. Your use of this Site shall be your agreement to abide by each of the terms set forth below. If you do not agree with any of these terms, please do not use this Site. If you have any questions about our terms, please contact customer service. Smith Tool may revise these Terms at any time without notice by updating this posting. Your continued use of the Site after such modifications have been made will constitute your acceptance of such revised Terms. If you violate these Terms of Use, we may terminate your use of this Site, bar you from future use of this Site, cancel your order, and/or take appropriate legal action against you. Purchases made through this Site are applicable to this Site's purchase policy.

General Use Restrictions

SmithTool grants you a limited license to use the materials made available on this Site only for your personal use. The materials on the Site shall not be used for any commercial purposes whatsoever. You acknowledge that any copies or derivative works created from the materials on the Site shall be the sole and exclusive property of SmithTool, and in its sole discretion, may revoke this license at any time without prior notice to you and without liability. You may only download content displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices, symbols and/or indicating marks contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media.

Copyright and Intellectual Property Ownership

Smith Tool is the sole and exclusive owner of all intellectual property rights in and to all aspects of the Site and may modify, disable, or delete the Site, its functions and/or Site content at any time and for any reason without prior notice.

Inaccuracies or Errors

Information on the Site may contain technical inaccuracies or typographical errors and may be changed or updated at Smith Tool's discretion without notice. Furthermore, the prices and availability of products on this Site may change without notice to you at any time. SmithTool shall have the right to refuse or cancel any orders placed for products listed with an incorrect price and shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Smithtool will promptly issue a credit to your credit card account in the amount of the charge.

Site Monitoring

Smith Tool has no obligation to monitor use of the Site or retain the content of any of the sessions on the Site. However, Smith Tool reserves the right at all times to monitor, review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process, governmental request or the business needs of Smith Tool.

Disclaimer

You assume all responsibility and risk for the use of this Site and the Internet generally. This Site is provided by Smith Tool on an "AS IS" basis. Smith Tool makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, or products included on this Site, to the fullest extent permissible by applicable law. Smith Tool disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement of intellectual property rights or other proprietary rights, and freedom from errors, viruses, bugs, or other harmful components.

Conduct

As a condition of use of the Site, you represent and warrant that you shall not use the Site for any purpose that is unlawful or prohibited by these Terms. You agree to abide by all applicable local, state, national and international laws and regulations and you shall be solely responsible and liable for all acts or omissions that occur while you access the Site. By ways of example, and not as a limitation, you agree: • Not to transmit or upload any material to the Site that contains viruses, horses, worms, time bombs, or any other harmful or deleterious programs; • Not to interfere with or disrupt the Site networks or servers • Not to delete any legal notices, disclaimers or proprietary notices • Not to misrepresent your identity or credit information • Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means • Not to interfere with Smith Tool or another authorized party's use and enjoyment of the Site.

Applicable Law

Any action related to these Terms will be governed by the law of the State of Kansas, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in the State of Kansas, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

Pricing

All prices displayed on the Smith Tool website are in U.S. dollars and are valid and effective only within the continental United States. Prices are not guaranteed to be matched at the time of purchase and may vary from that of our approved distributors. Smith Tool will not match any distributor prices. Prices shown on the Smith Tool website do not include shipping or handling charges or sales or use taxes. If applicable, customers will be responsible for shipping and handling, and sale or use taxes, which will be added to the total invoice price during checkout.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL SMITHTOOL BE LIABLE FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH THE SITE, THE CONTENTS, OR ANY USE THEREOF. THIS LIMITAITON APPLIES TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF SMITHTOOL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE.

Indemnification

Upon request by Smith Tool, you agree to defend, indemnify and hold harmless Smith Tool and its officers, directors, employees, shareholders, members or agents from all damages, liabilities, claims, expenses, (and all legal costs including attorneys' fees, court costs, expenses and settlements resulting from any action or claim), arising out of, connected with or resulting from any violation of these Terms by you or your use of the Site or information provided by you to the Site other than as permitted herein.

Force Majeure

SmithTool shall not be liable for delay or failure in any of its performance hereunder or a failure of the Site due to causes beyond its reasonable control, including, but not limited to, an Act of God, war, terrorism, natural disaster, govemmental regulations, communication or utility failures or the failures or acts of third parties.

Severability

If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of these Terms will continue in full force and effect.

Waiver

No waiver of any breach of a provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision hereof and no waiver shall be effective unless made in writing.