Visitor Agreement

Welcome to TheToolMarket.com, a service of TheToolMarket.com, Inc. By using this website, you accept the terms of this Visitor Agreement. This is a legally binding agreement between you and TheToolMarket.com; please read it carefully.

1. General Provisions

TheToolMarket.com respects your privacy. Please take a moment to review our privacy statement.

We invite you to bring to our attention any material on our site that you believe to be inaccurate. Please forward a copy of the material to Customer Service, along with an explanation of your objection.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this website, please notify us by sending email to webmaster@thetoolmarket.com or by sending a notice by U.S. Mail to: TheToolMarket.com Copyright, 7770 Old Franklin Tpke, Glade Hill, Va 24092. Attn: Jon Hart.

The Web is an evolving medium. TheToolMarket.com may change the terms of this agreement from time to time. By continuing to use this website following our posting of such changes, you agree to be bound by this agreement, as modified. TheToolMarket.com may change, restrict access to, suspend, or discontinue this website, or any portion of this website, at any time.

The material that appears on TheToolMarket.com is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before purchasing goods or services you&undefined;ve read about on TheToolMarket.com, you should confirm with the vendor any information (including the price) that is important to your purchasing decision. TheToolMarket.com is not responsible for, and does not guarantee the performance of, any such goods or services.

2. Buying and Selling Items

TheToolMarket.com is a item listing and information service that brings together buyers and sellers of tools and equipment. Information about a particular item is supplied by the seller, not by TheToolMarket.com. The price and other terms of any sale remain subject to direct negotiation between the buyer and the seller. The prices listed by sellers on TheToolMarket.com often exclude sales tax, finance charges, license, and compliance fees, any or all of which may be added to the listed price to arrive at the final sale price of a particular item. Though we hope that all who come to TheToolMarket.com will act honorably and treat each other fairly, we can&undefined;t verify the information sellers supply or guarantee the item they offer. Nor can we assure the seller of a item that the check he/she gets from the buyer isn&undefined;t going to bounce. When using this website to find a buyer for your item or an item you can buy, we urge you to use the same common sense and good judgment you would use in selling a toolthrough, or responding to, a classified ad in the newspaper.

Please be aware of fraud before you buy or sell a tool through a classified ad, whether on TheToolMarket.com or in your local newspaper. There is no substitute for healthy skepticism and your own good judgment.

In connection with our efforts to combat Internet fraud, some listings may be screened before being posted publicly. This process may delay display of your listing. We may also screen some email messages sent to sellers about items listed on TheToolMarket.com. If it appears that your email message has not reached the seller of the item you&undefined;re inquiring about, you might try inquiring by telephone if the seller has provided a telephone number.

When you offer an item for sale through TheToolMarket.com, you must be prepared to sell that item at the price at which, and the terms on which, you&undefined;ve listed it. You must have possession of the actual item listed and the ability to transfer title. To list an item for sale on TheToolMarket.com, sellers are required to provide certain identifying and contact information. The information must accurately identify the seller and the method of contact must permit buyers to communicate directly with the seller. You may not charge any potential buyer for information about any item listed for sale on TheToolMarket.com, nor may you use our website to promote, without our prior written permission, any other website, product or service.

Sell Your Tool ads are not to be used to advertise more than one item per ad purchased, regardless of ad duration. Always double-check this information before submitting your ad.

Individuals who seek to list more than five items on the TheToolMarket.com website simultaneously, and all dealers, must make other arrangements with us. To find out more about listing and advertising opportunities on TheToolMarket.com, visit our TheToolMarket.com Support Page. By using our Sell Your Tool service, you represent that you are not a motor item dealer, that you are not listing a item for sale in your capacity as an employee or representative of a dealer, and that neither you, nor anyone acting on your behalf will list more than two items for sale simultaneously. TheToolMarket.com reserves the right to deny use of this website to anyone who does not comply with these requirements or who otherwise uses our website in a manner we consider inappropriate.

TheToolMarket.com offers a variety of ad packages, with combinations of features that vary by market area. For information about the ad packages available to private sellers in your area, click the "Sell Your Car" tab or button on our home page. On the next page, enter your ZIP code to view our product offerings.

When you list a item for sale through our Sell Your Tool service, we may obtain additional distribution for your listing through our relationships with other websites, including Yahoo, AOL, Univision, and Edmunds. Neither TheToolMarket.com nor any website through which we distribute your listing will charge you any additional fee for this additional exposure. It&undefined;s just added value from TheToolMarket.com.

Responsibility for the information contained in ads lies with each seller. You alone are responsible for material you post and for the content of all email messages transmitted through TheToolMarket.com. Nothing will undermine a user&undefined;s confidence in the item you&undefined;re looking to sell faster than inaccurate statements or misleading representations about the item. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we care deeply about making sure that the information you supply is accurate and that, in all respects, you treat TheToolMarket.com users fairly and honorably.

Though we can&undefined;t monitor every transaction that originates on TheToolMarket.com, we may perform random quality assurance tests to confirm that those who offer items for sale over TheToolMarket.com are prepared to sell the items they advertise at the prices at which, and the terms on which, they advertise them. By using our Sell Your Tool service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a seller is engaging in "bait and switch" or other unfair or deceptive practices, TheToolMarket.com reserves the right to deny that seller use of the Sell Your Tool service.

Although TheToolMarket.com cannot monitor all the listings posted to our website, we reserve the right (but assume no obligation) to delete, move, or edit any ads or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. By using TheToolMarket.com you agree not to post or transmit any defamatory, abusive, obscene, threatening, misleading, or illegal material, or any other material that infringes on the rights of others or interferes with the ability of others to enjoy TheToolMarket.com. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to TheToolMarket.com. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Visitor Agreement, or to protect the rights, property or safety of visitors to our site, our advertisers, the public or TheToolMarket.com.

By placing an ad through our Sell Your Tool service, you agree to pay the fees specified for the package you select, regardless of whether your item sells as a result of the listing. Take care in selecting your ad package and inputting your ad information; listing fees are generally not refundable, even if you provide erroneous information or fail to sell your item.

TheToolMarket.com is an online advertising resource.

Links to Other Sites

For your convenience, we make available a variety of links to other websites that we don&undefined;t operate where you can obtain contractor related products and services, including insurance, warranties, financing and inspection services. Although we encourage you to consult such websites, we cannot guarantee the prices, terms, quality, reliability or performance of the products or services provided by these vendors. TheToolMarket.com is not responsible for the products or services these vendors provide. If you choose to purchase an inspection through such a third-party website, remember that an inspection is not a warranty. An inspection is not a guarantee that the inspected tool is free from defects or that the inspectors have identified all existing defects. Before you purchase inspection services, you should confirm with the inspector the location at which the inspection will be conducted, the scope and price of the inspection, and any other information you consider important to your decision. You are responsible for coordinating and arranging for the inspection. You release TheToolMarket.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your purchase or use of third-party supplied products and services.

For your convenience, we make available links to websites operated by tool dealerships that list their cars in our online classifieds. Although we may power some of these dealer websites, we are not responsible for any of the content that appears on these sites, including, without limitation, promotional contests and sweepstakes offers. We do not co-sponsor, operate, endorse or guarantee any advertiser sweepstakes or contest offer that may be promoted from time to time on our site, or that may be accessible through a link from our site, and you release TheToolMarket.com and its affiliates from any damages that you may incur, and agree not to assert any claims against them, arising from your entry, participation or acceptance of any prize in any such sweepstakes or contest offer.

3. Ownership and Permissions

TheToolMarket.com is made available for your personal, non-commercial use only. The materials on this site are the property of TheToolMarket.com or its licensors, and are protected by U.S. copyright laws, other copyright laws, and international conventions. Except as explicitly provided in this agreement, you may not distribute, transmit, display, reproduce, modify, create derivative works from, or otherwise exploit any of the materials on this site. You may display and occasionally print a single copy of any page on the site for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on this site without the prior written consent of the owner. You may not store any significant portion of, nor distribute copies of, materials found on this site, in any form (including electronic form), without prior written permission from the owner. Requests for permission to reproduce or distribute materials found on TheToolMarket.com should be sent to our Customer Service Manager, TheToolMarket.com, 7770 Old Franklin Tpke, Glade Hill, Va 24092 or to Customer Service.

You are free to establish a hypertext link to this site so long as the link does not state or imply any endorsement or sponsorship of you, your company, or your site by TheToolMarket.com or any of its affiliates. However, without the prior written permission of TheToolMarket.com, you may not frame any of the content of TheToolMarket.com, nor incorporate into another website or other service any intellectual property of TheToolMarket.com or its licensors. Requests for permission to frame our content may be sent our Customer Service Manager, either by email or at the address above.

TheToolMarket.com® and the TheToolMarket.com logo, which are trademarks of TPI Holdings, Inc., are used by TheToolMarket.com, Inc. under license from TPI Holdings, Inc., and its licensee, Trader Publishing, Inc. The names of other products and services referred to on the site may be the trademarks of their respective owners. You may not use any trademark or service mark appearing on TheToolMarket.com without the prior written consent of the owner of the mark. All contents of this site are: Copyright 1998-2007 TheToolMarket.com, Inc. and/or its licensors. All rights reserved.

You will not use TheToolMarket.com to violate the copyright, trademark, or other intellectual property rights of any person or other entity. By submitting material to TheToolMarket.com, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner. By submitting material to TheToolMarket.com you are permanently granting TheToolMarket.com all rights to the material, including the right to modify the material, to display and distribute the material and otherwise use it commercially, and to maintain the material in an archive. Among other things, TheToolMarket.com uses listings data to derive other useful information (such as item valuation information) for display and distribution.

4. Disclaimer of Warranties, Limitation of Liability, and Indemnification

IF YOU RELY ON THIS WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, INACCURACIES, AND/OR OTHER PROBLEMS WITH THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR PROMOTED OVER THIS SITE. THIS WEBSITE IS PROVIDED TO YOU "AS IS." THETOOLMARKET.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THIS WEBSITE (OR ANY INFORMATION, GOODS OR SERVICES THAT ARE REFERRED TO, ADVERTISED OR PROMOTED ON, OR SOLD THROUGH THIS WEBSITE). NOR DO WE OR THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES WILL THETOOLMARKET.COM OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OTHER THAN DIRECT DAMAGES, ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY PRODUCT OR SERVICE LINKED TO FROM OR ADVERTISED OR PROMOTED ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS OR LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THETOOLMARKET.COM AND ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM ARISING OUT OF OR OTHERWISE RELATED TO THIS WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID, IF ANY, FOR THE USE OF THE WEBSITE OUT OF WHICH SUCH LIABILITY ALLEGEDLY ARISES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THETOOLMARKET.COM, ITS EMPLOYEES, OWNERS, REPRESENTATIVES, AND LICENSEES AGAINST ANY AND ALL CLAIMS, OF WHATEVER NATURE, THAT ARISE OUT OF ANY LISTING YOU PLACE THROUGH OUR SELL YOUR TOOL SERVICE.

5. Registration

To obtain access to certain TheToolMarket.com services, you will be given an opportunity to register with TheToolMarket.com. As part of the registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the service under the name of, another person. We reserve the right to disallow use of user name that we deem offensive or inappropriate. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing TheToolMarket.com through any username/password assigned to you. You will notify TheToolMarket.com&undefined;s Customer Service Manager of any known or suspected unauthorized use of your account.

6. Miscellaneous

No spamming or data scraping. We want potential buyers visiting TheToolMarket.com to feel free to share their email addresses with those listing items for sale on our site. By listing a item for sale on this site, you agree to use the email addresses of those responding to your listing only for purposes of communicating with them about the potential sale of that item. By using this website, you agree not to use information concerning other users of TheToolMarket.com, or the items they&undefined;ve listed or searched for on this website (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of a listed item.

This Visitor Agreement has been made in, and will be construed in accordance with the laws of, the Commonwealth of Virginia. By using this website, you consent to the exclusive jurisdiction and venue of the Commonwealth and federal courts in Franklin County, Virginia in all disputes arising out of or relating to this Agreement or use of this website.