Introduction and Acceptance of this User Agreement
The general Terms and Conditions of Sale detailed below govern the contractual relationship between the ‘User’ (hereafter also referred to as ‘You’ or the ‘Customer’) and ‘HardwareTools.com’ (hereafter also referred to as ‘We’ or the ‘Website’), belonging to the company Hardware Tools International Corporation. Both parties accept these Conditions unreservedly. These general Conditions of Sale are the only conditions that are applicable and replace all other conditions, except in the case of express. written, prior dispensation. We maintain that, by confirming your order, you have read and do unreservedly accept our general Conditions of Sale. These Terms and Conditions of Sale are important to you and HardwareTools.com as they are used to protect your rights as a valued customer and our rights as a business.
The entity you are contracting with is Hardware Tools International Corporation, 2900 NE 30th Street Fort Lauderdale, Fl. 33306
Changes to the Terms of Service and the Website
HardwareTools .com is a work in progress, and as such things may change, be added or be taken away. We reserve the right to update the Website and these Terms of Service from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms and Conditions by checking back regularly. Your continued use of the Website following the publishing of updated Terms of Service will be taken to mean that you have read and agree to the changes.
HardwareTools is a marketplace that allows users to sell, broker, and buy just about anything in a variety of methods. HardwareTools’s patent pending system termed “Affiliate Brokerage” allows HardwareTool Affiliates to earn a commission from the sale of another (traditional seller) user’s item(s).
While we may provide pricing, shipping, and other guidance in our services, such guidance is solely informational and you may choose to not follow it. Also, while we may help facilitate the resolution of disputes through our user messaging/negotiation system, HardwareTools has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item.
Access to the Website
We work hard to ensure the Website is always up and available, but we can’t guarantee that the Website will not have downtime for any reason. We reserve the right to close the Website for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if for any reason all or any part of the Website is unavailable at any time, for any length of time.
Parts of the Website require you to input a password to access certain features. This is to be able to give you details relevant to your order whilst still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with HardwareTools.com by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third party and only using HardwareTools .com in person. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password.
It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms of Service.
While using or accessing our services you will not:
- post, list or upload content or items in inappropriate categories or areas on our site;
- use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you, unless the seller has materially changed the item’s description after your purchase, a clear typographical error is made, or you cannot contact the seller
- fail to deliver items sold by you, unless the buyer fails to follow the posted terms, or your buyer cannot be contacted;
- manipulate the price of any item or interfere with other user’s listings;
- post false, inaccurate, misleading, defamatory, or libelous content;
- take any action that may undermine the feedback/ratings systems
- transfer your HardwareTools account information (including Feedback) to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm HardwareTools , or the interests or property of HardwareTools users;
- use any robot, spider, scraper or other automated means to access our services for any purpose;
- impose an unreasonable or disproportionately large load on our infrastructure;
- copy, modify, or distribute rights or content from our services
- copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our site, services, applications, or tools without the prior written permission of HardwareTools
- commercialize any HardwareTools application or any information or software associated with such application; or
- breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
- harvest or otherwise collect information about users, including email addresses, without their consent.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services.
The details you give us are essential for the processing and delivery of your orders, and for billing, therefore failure to provide these details will result in the cancellation of your order. By registering on the Site, you agree to provide us with sincere and true information as it concerns you. Communicating false information is contrary to the present general Terms and Conditions.
You have the permanent right to access and rectify all the information that concerns you. You can at any time make a request to HardwareTools.com to find out what personal information we hold concerning you. You may at any time, and by request, modify this information.
Cookies record certain information stored on your hard drive. This information enables us to generate statistics based on data from visitors to our site and suggest products that might interest you according to the items that you selected when you previously visited the site. Cookies do not contain any confidential information about you.
Without limiting other remedies, we may: limit, suspend, or terminate our services and user accounts, restrict or prohibit access to, and your activities on, our services, delay or remove hosted content, remove any special status associated with the account, reduce or eliminate any discounts, and take technical and legal steps to keep you from using our services if:
- As a HardawareTools Affiliate, you misrepresent the nature of HardawareTools by either not conforming to the letter or essence of this User Agreement or our generally stated policies
- we think that you are creating problems or possible legal liabilities;
- we think that such restrictions will improve the security of the HardawareTools community or reduce our or another HardawareTools user’s exposure to financial liabilities
- we think that you are acting inconsistently with the letter or essense of this User Agreement or our generally stated policies;
- despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or
- you fail to pay all fees due for our services by the payment due date.
When a buyer, seller, or HardawareTools Affiliate issue arises we may consider the user’s performance history and the specific circumstances in applying our policies. Everything is on a case-by-case basis and we may choose to be more lenient with policy enforcement and will always attempt to do the right thing for both buyers, sellers, and HardawareTools Affiliate
Any opinions left on the Website by HardawareTools .com customers are screened and moderated by HardawareTools .com . If the comments infringe on the law or are inappropriate (abusive publicity, defamation, insults, out of context commentary…), HardawareTools .com reserves the right to refuse or modify it.
When listing an item, you agree that:
- You are responsible for the accuracy and content of the listing and item offered.
- Your listing may not be immediately searchable by keyword or category for several hours. HardawareTools can’t guarantee exact listing duration.
- We strive to create a marketplace where buyers find what they are looking for. Therefore, the appearance or placement of listings in search and browse results will depend on a variety of factors, including, but not limited to:
- buyer’s location, search query, browsing site, and history;
- item’s location, listing format, price and shipping cost, terms of service, end time, history, and relevance to the user query;
- seller’s history, Detailed Seller Ratings/Feedback; and
- number of listings matching the buyer’s query.
Accordingly, to drive a positive user experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the buyer.
- Some advanced listing upgrades will only be visible on certain Services.
List of Prohibited Items:
- Animals and wildlife products – examples include live animals, mounted specimens, and ivory
- Artifacts, grave-related items, and Native American arts and crafts
- Charity and fundraising
- Counterfeit currency and stamps
- Credit cards
- Currency, selling
- Drugs and drug paraphernalia
- Electronic surveillance equipment – examples include wiretapping devices and telephone bugging devices
- Embargoed goods and prohibited countries – examples include items from Cuba
- Event tickets
- Firearms, weapons, and knives – examples include pepper spray, replicas, and stun guns (see also military items)
- Food and healthcare items
- Gift cards
- Government documents, IDs, and licenses
- Government, transit, and shipping-related items – examples include airplane operations manuals, subway employee uniforms, and U.S. Postal Service (USPS) mailbags
- Hazardous, restricted, or regulated materials – examples include batteries, fireworks, and refrigerants
- Human remains and body parts
- Importation of goods into the US – examples include CDs intended only for distribution in a certain country
- International trading
- Items encouraging illegal activity – examples include an eBook describing how to create methamphetamine
- Lockpicking devices
- Lottery tickets
- Mailing lists and personal information
- Medical drugs, devices, and healthcare – examples include prescription drugs, contact lenses, pacemakers, and surgical instruments
- Military items (see also firearms, weapons, and knives)
- Multi-level marketing, pyramid, and matrix programs
- Offensive material – examples include ethnically or racially offensive material and Nazi memorabilia
- Plants and seeds
- Police-related items
- Political memorabilia (reproduction)
- Postage meters
- Prescription drugs
- Real estate
- Recalled items
- Slot machines
- Stocks and other securities
- Stolen property
- Surveillance equipment
- Weeds (see plants and seeds)
When buying an item, you agree that:
- You are responsible for reading the full item listing before making a commitment to buy.
- You enter into a legally binding contract to purchase an item when you commit to buy an item.
- We do not transfer legal ownership of items from the seller to the buyer.
The prices indicated on HardawareTools .com are shown in USD and do not necessarily include delivery. The delivery costs are clearly shown and invoiced at the end of the order in addition to the price of the products. We reserve the right to modify our prices at any moment but this will be indicated to you on the order at the time the order is placed. If an obviously incorrect price appears on our website and is not corrected on your total at the time of order completion, for whatever reason (human error, technical error etc.), your order will be cancelled and the payment refunded to you, even if it has been initially validated.
HardawareTools Affiliate Conditions
When selling an item you agree that
- You are responsible for the information you tell your buyer and will not misrepresent the product
- You will not use overly aggressive marketing schemes to promote the product
- You are solely liable for your actions on and off the internet
- You are not an employee or agent of HardwareTools .com
- You will not collude with other users and/or agree to specific discounts or in any way impede competition
- We have the right to every posted commission and will collect in the case of a HardawareTools Affiliate acting in an unethical manner
International Buying and Selling
We do currently offer international buying and selling but plan to offer this in the future. When we do,
We may offer certain programs, tools, and site experiences of particular interest to international sellers and buyers, such as estimated local currency conversion and international shipping calculation tools. Sellers and buyers are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of items.
You may list your items directly on one or more of HardawareTools ‘s international sites. Alternatively, we may display your listing on an HardawareTools site other than the HardawareTools site where you listed your item for sale, including those situations where you choose to list an item with an international shipping option. However, you may restrict international buyers from purchasing your items if you explicitly exclude international shipping from your listings and apply an exclusion list to your listings. If your item is sold to a buyer on an HardawareTools site other than your HardawareTools site of registration, you agree to be subject to that other site’s policies.
To assist users who may speak different languages, we may translate listings and other user and/or Hardware Tools content, in whole or part, into other languages. If you are a buyer, we also may provide you with access to tools so you can request an on-demand translation of certain content on our sites, such as parts of a listing or a message from an Hardware Tools Affiliate. The accuracy or availability of the translation resulting from such on-demand translation is not guaranteed.
All the content on HardawareTools .com website (illustrations, texts, names, brand names, images and videos) is the property of HardawareTools .com. Any partial or total reproduction of this content, by any means and on any support, is subject to prior and express authorization by HardawareTools .com. All information, content and files is protected by International law concerning intellectual ownership and copyright. HardawareTools .com cannot give you the right to copy, display or distribute content that you do not have the intellectual rights to. All fraudulent use of this content that violates the rights held by a third party constitutes an offence of forgery, which is severely punished under the Intellectual Property Code.
HardawareTools .com will not, under any circumstances, be held responsible if a user violates rights held by a third party through his activities on the site.
When providing us with content or posting content using HardawareTools ‘s Services, you grant us and our HardawareTools Affiliates a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-license (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against us, our sub-licensees or assignee’s.
You represent and warrant that none of the following infringe any intellectual property right: your provision of content to us, your posting of content using the Services, and our use of such content (including of works derived from it) in connection with the Services.
In the future we may offer catalogs of stock images, descriptions and product specifications that are provided by third-parties (including HardawareTools users). You may use catalog content solely in connection with your HardawareTools listings.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree that you will not hold our catalog providers or us responsible for inaccuracies in the catalogs. The catalog may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included within the catalogs or create any derivative works bases on catalog content (other than by including them in your listings).
Authorization to Contact You
- To contact you for reasons relating to your account or your use of our services (such as to collect a debt, resolve a dispute, or to otherwise enforce our User Agreement) or as authorized by applicable law
- To contact you for marketing, promotional, or other reasons that you have either previously consented to or that you may be asked to consent to in the future. If you do not wish to receive such communications, you can opt-out in the notifications preference section of your My Account page on HardawareTools .com.
HardawareTools Affiliate Payouts
By entering into this agreement, you agree to the terms of service of Paypal found here which are incorporated herein by reference.
HardawareTools offers a unique negotiation solution to manage return processes. We offer users very flexible solutions in the hope that an optimal solution will be achieved without our intervention. If an adequate solution is not achieved HardawareTools has the right to step in and force actions we deem necessary. It is our ultimate desire to produce a situation that maximizes user experience and satisfaction.
Hardware Tools.com is a marketplace and the sellers have individual return policies. Your right of return starts from the moment your order is made, depending on the seller’s policy. Shipping and other expenses are to be handled by the buyer and seller, and Hardware Toolsis not involved unless there is an impasse. Hardware Tools’ Affiliate commission will be returned to the seller in the case of a return.
Your order will be delivered to the address you indicated when your order was placed. The products bought on HardawareTools .com will be delivered to one address. In the event of a local pickup, we are not liable for anything. If the site is used properly, Balanced will hold funds in escrow until the transaction is complete. Please be careful when doing business in person.
HardawareTools .com does everything in its power to respect the delivery times indicated on the website. We cannot, however, be held responsible for the consequences of a late delivery or the loss of a package caused by a third-party contracted to make delivery, or by you, or because of some unforeseen event or an Act of G-d. In the event where you do not receive your package, an investigation will be conducted with the carrier and may take several days upon receipt of your claim. During this period of investigation, no reimbursement or re-delivery will take place.
Will be discussed and handled between the Buyer and Seller. HardawareTools.com will not be involved unless an impasse is reached in which case HardawareTools.com will still not be liable.
HardawareTools Additional User Protection
Most HardawareTools sales and HardawareTools Affiliate campaigns go smoothly, but if there’s a problem with a purchase, HardawareTools will always attempt to make all parties whole.
If a buyer, seller, or HardawareTools is required to reimburse the buyer, seller or HardawareTools, we reserve the right to collect funds from that user or charge any reimbursement amount owed to the payment method on file. If a user does not provide HardawareTools with a valid payment method, we may collect the outstanding sums using other collection mechanisms, including retaining collection agencies.
Disclaimer of Warranties; Limitation of Liability
We try to keep our services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Certain notification functionality in HardawareTools’s applications may not occur in real time. Such functionality is subject to delays beyond HardawareTools’s control.
You agree that you are making use of our Services at your own risk, and that they are being provided to you on an “AS IS” and “AS AVAILABLE” basis. Accordingly, to the extent permitted by applicable law, we exclude all express or implied warranties, terms and conditions including, but not limited to, implied warranties of merchant, fitness for a particular purpose, and non-infringement.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold HardawareTools responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) are not liable, and you agree not to hold HardawareTools responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- your use of or your inability to use our services;
- pricing, shipping or other guidance provided by HardawareTools;
- delays or disruptions in our services;
- viruses or other malicious software obtained by accessing, or linking to, our services;
- glitches, bugs, errors, or inaccuracies of any kind in our services;
- damage to your hardware device from the use of any HardawareTools service;
- the content, actions, or inaction of third parties, including HardawareTool Affiliates, including items listed using our services or the destruction of allegedly fake items;
- a suspension or other action taken with respect to your account or breach of the Abusing HardawareTools section above;
- the duration or manner in which your listings appear in search results as set out in the Listing Conditions section above; or
- your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the amount up to the price the item sold for on HardawareTools and its original shipping costs.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including legal fees, made by any party due to or arising out of any situation, including your breach of this Agreement, your improper use of Hardware Tools’s Services or your breach of any law or the rights of any party.
Waiver and Severability
Any failure of HardawareTools.com to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. The User Agreement constitutes the entire agreement between you and HardawareTools.com, and governs your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the User Agreement). If any provision of this User Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the User Agreement will continue in full force and effect.