Terms and Conditions of Use

Welcome to the terms and conditions of use for the Western Tool & Supply ("Western") Website at www.Westtool.com. Western operates this website (the "Website") as a service to its visitors. By entering and/or using this and other Websites owned, operated or maintained by Western or its affiliates, you, the user, are deemed to have agreed to comply with and be bound by the following terms and conditions of use (the "Terms"). Western reserves the right to modify them at any time, with notice provided by posting changes to this page.

By entering and/or using this website following any modifications to the Terms, you agree to be bound by any such modifications to the Terms.

COPYRIGHT AND GENERAL TERMS

The operations, businesses, and properties described on this page are owned or operated by Western or by various affiliates and subsidiaries of Western. The terms "Western" "company," "we," "our," and "its" when referring to these entities are used only for convenience and are not intended to be an accurate description of ownership, operation or corporate/legal relationships. As between Western and you, Western is the sole owner of all content on the Website including, without limitation, all applicable patents, trademarks, copyrights (including, but not limited to, selections, collections, compilations, and arrangements), and other intellectual property rights thereto. The copyright in the contents of the Website is owned by Western. You are permitted to access and browse the Website in accordance with the following terms and conditions:

1. The contents of this Website may be used for informational, non-commercial purposes only. The Website is intended to provide information about Western and its affiliates to potential customers, business partners, investors, and employees. Such information about Western may include, without limitation, a description of its products and services, financial performance, and potential employment opportunities. This publication is not intended to provide investment advice nor should it be construed to offer any other advice.
2. Except as otherwise provided in these Terms, you may not download, or save, modify or distribute a copy of the Website or any portion thereof, for any purpose. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Website solely for your personal, non-commercial, or non-profit educational use or records, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens.
3. No part of the contents of this Website may be distributed, modified, transmitted, reused, reposted or otherwise used without the express permission of Western except as provided herein.
4. Unless specifically requested, Western does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website, any of its services, by e-mail, or in any other way. By submitting or sending information or other material to Western you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material to Western you grant Western the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived. You agree and acknowledge that by using this Website, any and all communications and/or information transmitted by you to or through the Website will not be treated as confidential or proprietary. You agree to defend, indemnify and hold Western and its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or the placement or transmission of any message, content, information, software or other materials through the Website by you.
5. References on the Website to services and products or supplied software are provided by Western on an "as is" and "as available" basis, without warranty of any kind, either express or implied. Without limitation of the foregoing, Western specifically disclaims any and all warranties, including, but not limited to:
   1. any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Website; and
   2. any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose, or warranties arising from a course of dealing, usage or trade practice. This disclaimer of liability applies to any damages or injuries occurring as a result of:
      1. any error, omission, deletion, or defect in the content, or
      2. any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Western does not warrant or guarantee:
         1. that any portion of the Website will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or
         2. that access to the Website will be uninterrupted or error-free.
   3. Under no circumstances, including, but not limited to, negligence, shall Western be liable to any party for:
      1. any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the materials in this Website or any other Western Website, even if Western or a Western authorized representative has been advised of the possibility of such damages; or
      2. any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. In no event shall Western total liability to you herein, for any claim or action arising from use of the Website (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this site. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, Western liability shall be limited to the fullest extent permitted by law.
      3. While Western uses reasonable efforts to include accurate and up-to-date information on the Website, Western makes no warranties or representations as to its accuracy. Western assumes no liability or responsibility for any typographical or other errors or omissions in the content. Using the Website indicates that you accept these Terms.
      4. Linked sites are not under the control of Western and Western is not responsible for the contents of any linked site or any link contained in a linked site. Western provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by Western of the site. All links to this site must be approved in advance and in writing by Western.
      5. Incorrect pricing due to supplier failure to update will result in a reversion to current pricing.

      Trademarks

      Western, the Western logo, Western market segments icons and the other icons and graphic symbols are trademarks and/or service marks of Western or various affiliates and subsidiaries of Western. Nothing contained in the Website should be construed as granting, by implication or otherwise, any license or right to use these marks without express written permission of Western. Other names, company names, brand names, registered and unregistered trademarks or service marks and logos ("the Marks") are the property of their respective holders. Nothing contained in the site should be construed as granting, by implication or otherwise, any license or right to use the Marks without express written permission of the owner or rights holder with respect to such use.