IMPORTANT – PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
Eastern Tools & Equipment Website (the “Site”) owned and operated by Eastern Tools & Equipment, Inc., a California USA corporation (“we” or “us”) which provides the services available (the “Service”) on the Site to you subject to the following terms and conditions ("Terms and Conditions").

BY PROVIDING YOUR USER NAME AND PASSWORD (“THE AUTHENTICATION PROCESS”), YOU REPRESENT AND WARRANT THAT YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW.
If you do not agree to these Terms and Conditions you may not use the Service. We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms and Conditions at any time in accordance with the procedures set forth in the section labeled “Modifications”.

1. Registration.  To use the Service, you must submit a complete registration form (“Registration Form”), which is available on our Site. As part of the registration process for the Service, you agree to: (i) provide certain limited information about you as prompted to do so by the Site (such information to be current, complete and accurate) and (ii) maintain and update this information as required to keep it current, complete and accurate. The information requested at the time of the original signup shall be referred to as registration data ("Registration Data"). If we discover that any of your Registration Data is inaccurate, incomplete or not current, we may terminate your right to access and receive the Service immediately upon notice. We will review the registration application and will notify you regarding acceptance or rejection.  We may reject a registration application if we determine, in our sole discretion, that the user is not an appropriate subscriber or user of the Service.  We reserve the right to refuse the Service to any user who has canceled previous Service accounts.  We need not provide a reason for its rejection. If we reject your application, you may thereafter reapply and we will reconsider your application. You may not register for the Service if you are under 18 years of age. By registering for the Service you represent to us that you are 18 years of age or older.  Upon acceptance of this agreement and completion of the registration process you will have opened an account with us and will become a subscriber to the Service.

2. Privacy. Please review our PRIVACY POLICY, which also governs your visit to the Site, so that you may understand our privacy practices.

3 . Modifications.  We may amend these Terms and Conditions at any time by (i) posting a revised Terms of Service document on our Site and/or (ii) sending information regarding the Terms and Conditions amendment to the email address you provide to us. You are responsible for regularly reviewing our Site to obtain timely notice of such amendments. Your use of the Site or continued use of our service after changes are made to the Terms and Conditions means that you agree to be bound by such changes. We shall not be liable to you or any third party should we exercise its right to modify or discontinue the Service.

4. Service.  Our Site is designated to provide ("Site") for your information, education, personal entertainment and communication. Please feel free to browse the Site. You may download material displayed on the Site on any single computer for non-commercial; personal use only, provided you also retain all copyright and other propriety notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without Eastern Tools & Equipment written permission.

5. Passwords and Security.  As part of the registration process, you must enter your username and choose a password for access to your account and to your designated computers. You agree to carefully safeguard all of your passwords. You are solely responsible if you do not maintain the confidentiality of your passwords and account information. Furthermore, you are solely responsible for any and all activity that occurs under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you, including if you believe that your password or account information has been stolen or otherwise compromised. Access to and use of password protected and or secure areas of the Sites is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Sites may be subject to prosecution.

We will never send you an email asking for your username and password. To keep your Site access secure, keep your usernames and passwords confidential.

6. Title. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of Eastern Tools & Equipment, Inc. and others. Nothing contained on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Sites without our written permission or such third party that may own the Trademarks displayed on the Site. Your misuse of the trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of law, including the seeking of criminal prosecution.

7. Intellectual Property. Our Service, including but not limited to text, content, photographs, video, audio, graphics software and source code, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries, and may not be displayed, reproduced, distributed, modified or used in any other manner except with the written permission of
Eastern Tools & Equipment, Inc. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service or our Terms and Conditions.

12. End User License Agreement.
 
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF OUR COPYRIGHT AND OTHER PROPRIETARY RIGHTS.  ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICE FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT OUR PRIOR WRITTEN CONSENT .YOU MAY NOT USE OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICE OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICE.

13. Disclaimer of Warranties.  Although we have attempted to provide accurate information on the Sites, we assume no responsibility for the accuracy of the information, including information provided to you on our Site.  We may change our services or products mentioned at any time without notice.  Our Site’s products or services is for information purposes only and constitutes neither an endorsement nor a recommendation. Your use of the Service and browsing the Site are at your risk.  Neither we nor any other party involved in creating, producing, or delivering the Site or the Service is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or Services.

ALL INFORMATION AND SERVICE PROVIDED ON OUR SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

14. Limitation of Liability.

EASTERN TOOLS & EQUIPMENT, INC. AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT PRODUCTS OR SERVICE, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE OUR SITES OR ANY PRODUCT OR SERVICE. UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL EASTERN TOOLS & EQUIPMENT, INC. BE LIABLE FOR DAMAGES RESULTING FROM USE OF THE SERVICE, OR RELIANCE ON THE INFORMATION PRESENT ON OUR SITES INCLUDING THAT PROVIDED OR MADE AVAILABLE TO YOU FROM OTHER USERS OF OUR WEBSITE, EVEN IF EASTERN TOOLS & EQUIPMENT, INC.OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EASTERN TOOLS & EQUIPMENT, INC.’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER, IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU PAID TO US, IF ANY, FOR THE SERVICE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15. Termination.  These Terms and Conditions are effective until terminated by either you or us. We may immediately terminate your right to use the Service if (i) you breach these Terms and Conditions; (ii) we are unable to verify or authenticate any information you provide to us; (iii) such information is inaccurate; or (iv) we decide, in our sole discretion, to discontinue offering the Service. We shall not be liable to you or any third party for termination of the Service. You may terminate and end your use of the Service at any time, for any reason or for no reason. Upon expiration or termination for any reason, you are no longer authorized to use the Service.

When this Agreement is terminated and/or your subscription is canceled, effective immediately you will no longer have access to data and other material you have stored on our Site and that material may be deleted by us.

16. Export Law Assurances.  The Service from our Sites is further subject to United States Export Controls. No Service from this Site may be exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By subscribing to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

17. General Terms. This Agreement represents the complete agreement concerning the Terms and Conditions and license granted hereunder and may be amended only by a writing executed by both parties. These Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California and the laws of the United States, without giving effect to any principles of conflict of law.  Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us.  Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall a waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.  In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole.  We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

18. Indemnification. You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

19. Dispute Resolution. With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of California, as if the Terms and Conditions were a contract wholly entered into and wholly performed within California. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Irwindale,, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

If you have any questions regarding these Terms and Conditions, please contact us at sales@easterntools.com

Copyright © 2008 Eastern Tools & Equipment, Inc. a California corporation. All worldwide rights reserved.