Terms & Conditions for Waterloo Custom Toolbox Program
Welcome to Waterloo's Custom Toolbox Program (the "Program"). Our Program is designed to allow you to customize your toolbox with your own photos or images. However, before uploading any images you must carefully read and accept the terms and conditions of our Program ("Terms"). These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By entering and using this website, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and Waterloo Industries, Inc. that you will use the Program only in a manner consistent with these Terms. Your permission to use of this website and the provision of our related services is entirely conditioned on and subject to your compliance with these Terms.
If you do not agree with these Terms, please do not access this website or otherwise use this Program.
- User Submitted Materials. Any materials submitted by you, including, without limitation, photographs, images, text, graphics and other materials are considered "User Submitted Materials" and are subject to these Terms.
- License to Use Your User Submitted Materials. You will retain ownership of such User Submitted Materials, and you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), modify, create derivative works of and publicly display your User Submitted Materials in any current or future medium in connection with the production, provision of any product or service you request or to show you or others (for our marketing purposes including on our websites) how your User Submitted Materials might appear in our products. For example, when you place an order for a product, we will prepare, manipulate (if necessary), and transmit the User Submitted Materials onto our toolboxes for production, packaging and shipment.
- Confirmation of Necessary Rights to User Submitted Materials. You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Submitted Materials, and that the User Submitted Materials do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property right, privacy right or other right of any third party, and that the User Submitted Materials are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
- Confirmation re Likenesses Shown in User Submitted Materials. You consent to the use of your likeness if it appears in any User Submitted Materials, and you represent and warrant that you have obtained the written consent, release, and/or permission of each and every identifiable individual who appears in User Submitted Materials to use such individual's likeness in the manner contemplated by these Terms or otherwise by your use. If any such identifiable individual is under the age of eighteen (18), you represent and warrant that you have obtained such written consent, release and/or permission from such individual's parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). NOTE: If your User Submitted Materials contain the likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual's full name or address) with such User Submitted Materials.
- Our Rights. User Submitted Materials may be subject to examination from time to time. Although we will not examine or otherwise review all User Submitted Materials, we reserve the right to delete, move, and edit User Submitted Materials for any reason, at any time, without notice. Without limiting the foregoing, you agree that we may, in our sole discretion but with no obligation, refuse to use any User Submitted Materials (including, without limitation, suspending processing and shipping of any order relating to any User Submitted Materials) if we believe the User Submitted Materials contain content which is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable. However, that we have no obligation to remove User Submitted Materials in response to user reports or requests.
- Disclosure of Violations or Unlawful Conduct. We may disclose any User Submitted Materials as well as your information and the circumstances surrounding the use thereof, to any third party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.
- Your Responsibility to Store Your User Submitted Materials. We are not responsible for, and will have no liability for, the storage or removal of any User Submitted Materials. We recommend you keep back-up copies of your User Submitted Materials on your hard drive or other personal system.
- No Guarantees re User Submitted Materials. You acknowledge that we in no way guarantee the accuracy, quality, or appropriateness of User Submitted Materials or how they reproduce on our products.
Limited Warranty. IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) USER SUBMITTED MATERIALS MADE AVAILABLE ON OR THROUGH THIS PROGRAM, INCLUDING ERRORS OR OMISSIONS IN ANY CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF ANY USER SUBMITTED MATERIAL.
ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE PROGRAM IS AT YOUR OWN RISK. IF YOU REASONABLY DEMONSTRATE THAT OUR PRODUCTS FEATURING YOUR USER SUBMITTED MATERIALS OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST, DAMAGED OR NOT RETURNED, OUR SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR WATERLOO TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRODUCTS, OR (II) REPRINT THE PRODUCTS AT NO EXTRA COST.
EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WATERLOO AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (i) OUR CUSTOM SERVICES WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THAT OUR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY USER SUBMITTED MATERIAL.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
Limited Warranty. TO THE FULLEST EXTENT PERMITTED UNDER LAW, WATERLOO OR OUR AFFILIATES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE PROGRAM OR RELATED SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.