Welcome!

Thank you for using our products. At PowerTool Safe we're builders at heart and our mission is to help others minimize their losses dues to theft. We realize that most people don't read the terms and conditions, but please read this thoroughly since this agreement (the "Terms") describes your rights and responsibilities as a customer. You should especially read anything that is capitalized or in bold since your use of the website, products, software, and materials (the "Service") is contingent upon your agreement to these terms.

Since this is a Service with such a low fee, if you're a lawyer and you're reading this thinking that you're going to make changes to the agreement, you can stop now and inform your client that our fee for entering into negotiations on this agreement is $50,000, payable monthly in advance for as long as the negotiations require. Go ahead and include the first check along with your first draft of any of your proposed changes. Seriously, the cost of this Service isn't very much and our terms are take it or leave it. We really don't like dealing with lawyers.

PLEASE NOTE THAT IF YOU SIGN UP FOR THE Service USING AN EMAIL ADDRESS FROM YOUR EMPLOYER OR ANOTHER ENTITY, THEN (A) YOU WILL BE DEEMED TO REPRESENT SUCH PARTY, (B) YOUR CLICK TO ACCEPT WILL BIND YOUR EMPLOYER OR THAT ENTITY TO THESE TERMS, AND (C) THE WORD “YOU” IN THESE TERMS WILL REFER TO YOUR EMPLOYER OR THAT ENTITY.

Access to the Service

Subject to these Terms and during the applicable Subscription Term, you may access and use the Service for your own business purposes or personal use, as applicable, all in accordance with these Terms. The rights granted to you are non-exclusive, non-sublicensable and non-transferable.

You agree that we may make changes to the Service at any time, without notification.

You agree that you are over the age of 18 years old.

Subscriptions

You may choose your subscription tier (the "Tier") from:

  • (a) Free - Usage of the Service is free, with limitations on some functionality, for the life of the Service. The Free Service is limited to $10,000 in total value of tools entered into the Service. You agree that in exchange for your free use of the Service we may show and send you certain advertisements. You agree that you will not use ad-blocking technology while using the Service or mark our emails as spam or report our emails as spam to third parties.
  • (b) Pro - Usage of the Service is paid, either monthly or annually. There are no limitations to the value of number of tools entered, and extra functionality is provided.

You may change your subscription Tier at any time, however, changing from a paid Tier to a lower cost Tier (or free) will go into effect at the end of the current subscription term. You agree that your paid subscription is non-refundable.

We may change the price of paid subscriptions or the functionality of the Service for a Tier at any time. In the case of an increase in a paid subscription we will provide you with at least 10 days notice before the end of the current subscription period.

Your payment method will be used on a recurring basis at the end of each subscription period to automatically renew your paid subscription unless you downgrade to a free Tier before the renewal.

If your payment method fails to accept a charge, you will be automatically downgraded to a free Tier.

While we use reasonable efforts to maintain the availability of the Service, the operation of the Service may not necessarily be without interruptions.

Restrictions

Except as otherwise expressly permitted in these Terms, you will not:

  • (a) reproduce, modify, adapt or create derivative works of the Service;
  • (b) rent, lease, distribute, sell, sublicense, transfer or provide access to the Service to a third party;
  • (c) use the Service for the benefit of any third party;
  • (d) incorporate any of the Service into a product or Service you provide to a third party;
  • (e) interfere with or otherwise circumvent mechanisms in the Service intended to limit your use, including intentionally misstating the value of items entered;
  • (f) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to the Service, except to the extent expressly permitted by applicable law
  • (and then only upon advance notice to us);
  • (g) remove or obscure any proprietary or other notices contained in the Service;
  • (h) use the Service for competitive analysis or to build competitive products or Services;
  • (i) publicly disseminate information regarding the performance of the Service without our express written consent;
  • (j) "scrape" the Service to extract data outside of the normal operation of the Service;
  • (k) use the Service in such a way as to interfere with the operation or performance of the Service, or interfere in any manner with the use of the Service for other users;
  • (l) use the Service in any manner that is unlawful in your or our jurisdiction;
  • (m) upload any materials, photos, documents, or data that you do not have the legal right to do so;
  • (n) use any of our trademarks without our express written consent;
  • (o) enter any prohibited or sensitive information into the Service;
  • (p) upload any materials, photos, documents, or data that is pornographic, exploitive, racist, or sexual in nature;
  • (q) upload any materials, photos, documents, or data that is not within the intended use of the Service, such as music or videos;
  • (r) misrepresent yourself or your identity, or disguise the origin of any content (including by “spoofing”, “phishing”, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with us or any third party);
  • (s) enter data into the Service that you reasonably know to be factually incorrect, such as marking a tool stolen that is in your possession or claiming ownership of a tool that you do not own;
  • or (t) encourage or assist any third party to do any of the foregoing.

You agree that if you breach any of the foregoing we may cancel your account without refund, but this does not limit our ability to pursue other remedies at law.

Ownership of Content

You agree that we become the owner of all content that you enter into the Service, with the exception of credit/debit card information for which we use a third party Service and only store an identifier which allows us to process your charges. Otherwise, you are relinquishing all ownership rights in any content that you enter into the Service. If you don't want to transfer ownership of the data, don't enter it into the Service.

You may download content from the Service for its intended use (such as a spreadsheet downloaded for an insurance quotation), but you may not use downloaded content for other prohibited uses, such as creating another Service.

We may expose this data to third parties. For example, when a tool is marked stolen we may share this data with law enforcement or possible third party buyers such as pawn shops. We may also share personally identifiable information that is relevant to police reports, insurance claims, or insurance quotes with what we deem to be the appropriate entities.

We will avoid sharing personally identifiable information (information about a person) with third parties except as described in the foregoing, but we may use this information on behalf of third parties. We may share summarized or aggregated data with third parties.

Retention and storage of the data entered into the Service is entirely at our discretion. We may retain data entered into the Service after you delete your account.

You agree that the foregoing only describes our policies of how we intend to use our data, but we may use any of our data in any way at our discretion.

Imdemnification

You agree that you will defend, indemnify and hold harmless us (and our Affiliates, officers, directors, agents and employees) from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys’ fees and costs) resulting from any claim arising from or related to your breach of any of the Terms.

Warranty Disclaimer

We make no representations and grant no warranties, express or implied, either in fact or by operation of law, by statute or otherwise, under this agreement, and specifically disclaim any other warranties, whether written or oral, or express or implied, including any warranty of quality, merchantability or fitness for a particular use or purpose or any warranty as to the validity of any patents or the non-infringement of any intellectual property rights of third parties under this agreement.

Limitation of Liability

In order for PowerTool Safe Inc. to provide the Service at the agreed price, you agree to limit our liability in any event, including but not limited to, acts, errors, and omissions, to the subscription fee from the date of your notice of dissatisfaction to the end of the current subscription period. You agree that your sole recourse will be to downgrade your account to a free Tier or cancel your account. You acknowledge that we could not afford to provide the Service at this price if our liability were different.

Discontinuation of Use

Your obligations under the Terms will continue in perpetuity, even if you discontinue using the Service or cancel your account.

Modifications

We can change the Terms at any time and it is your responsibility to stay up to date with the Terms. Any change will take effect immediately.

General

The Terms are governed by the laws of the State of Montana, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts, both federal and state, for Bozeman, Montana, U.S.A. in all disputes arising out of or relating to the use of the Service. Use of the Service is unauthorized in any place that does not give effect to all provisions of these Terms. You agree that your only relationship to us is as a customer and nothing else as a result of these Terms. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If we fail to act with respect to your breach or default of any of these Terms, we are not waiving our right to act with respect to any subsequent and/or similar breach or default. You may not assign, delegate, or transfer your rights or obligations under these Terms. We may assign, delegate, or transfer our rights or obligations under these Terms. Unless otherwise specified in these Terms or agreed by you and us in writing, these Terms constitute the entire agreement between you and us with respect to the Service. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms or your use of the Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted in these Terms are reserved by PowerTool Safe, Inc.

GDPR

Parties covered by European privacy law are not authorized to use the Service.

Digital Millenium Copyright Act Policy

If you believe we have displayed or otherwise used by us in a manner that infringes your copyright, you may send us a postal mail or email to our Designated Agent. If you make a false claim, you may be liable for damages and attorneys fees. If you are unsure whether your work has been infringed, we recommend that you contact your attorney before sending notice to our Designated Agent. You must use the following format for your written notification: (a) Identify in sufficient detail the copyrighted work that you believe we have infringed; (b) Identify what stuff of ours that you claim infringes your copyrighted work. You must identify everything that you believe infringes, describe how it infringes your work, and describe where it is located with sufficient detail so that we can find it and remove it, provided that we believe that we have infringed on the infringement; (c) Provide your contact information, including your full name, mailing address, telephone number, e-mail address. (d) You must include a statement that, under the penalty of perjury, you have a good-faith belief that use of our stuff in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) You must include a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the copyright owner or that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and (f) You must sign the written notification physically or electronically. In addition to the foregoing, include a copy of the copyright Certificate of Registration for your work, if any, or other information that supports your claim that the work is protected by copyright and that you are the owner of that copyright.

After the Designated Agent receives your infringement notice, we will review it. If your notice contains the required information as explained above and if we have a good-faith belief that our content is infringing your copyright, we will remove or disable access to the infringing content.

The provider of affected materials may make a counter notification pursuant to the DMCA. Follow the same procedures as the original notification above. Review of Counter Notification. After the Designated Agent receives your counter notification, we will review it and follow the same procedures as the original notification above.

Contacts

All notices and communications to us must be through one of the following:

  • Postal Address: PowerTool Safe Inc, PO Box 9587, Bozeman, MT 59719-9587
  • Email: info@powertoolsafe.com
  • Phone: (406) 404-6450
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