Help & Support - Terms of Use

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Help & Support: Terms of Use

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Last Updated: February 9th 2010

1. THIS IS AN AGREEMENT BETWEEN YOU AND SOLUTION TOOLBOX
This is an agreement ("Agreement") between you and Solution Toolbox ("SOLUTION TOOLBOX"). This Agreement governs your use of any Web site or Web page operated by SOLUTION TOOLBOX (each, a "SOLUTION TOOLBOX Web Site," and collectively, the "SOLUTION TOOLBOX Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. SOLUTION TOOLBOX OFFERS THE SOLUTION TOOLBOX WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SOLUTION TOOLBOX WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW SOLUTION TOOLBOX MAY MODIFY THIS AGREEMENT SOLUTION TOOLBOX
reserves the right to change the terms, conditions, and notices under which it offers the SOLUTION TOOLBOX Web Sites, including any charges associated with the use of the SOLUTION TOOLBOX Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any SOLUTION TOOLBOX Web Site. Your continued use of the SOLUTION TOOLBOX Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS
Any SOLUTION TOOLBOX Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that SOLUTION TOOLBOX Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within a SOLUTION TOOLBOX Web Site, then the terms in this Agreement shall control.

4. NO UNLAWFUL OR HARMFUL USE OF THE SOLUTION TOOLBOX WEB SITES
You will not use the SOLUTION TOOLBOX Web Sites in any way that is unlawful, or harms SOLUTION TOOLBOX, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "SOLUTION TOOLBOX Party" and collectively, the "SOLUTION TOOLBOX Parties") or any customer of a SOLUTION TOOLBOX Party, as determined in SOLUTION TOOLBOX's sole discretion. SOLUTION TOOLBOX may tell you about certain specific harmful uses in a code of conduct or other notices available through a SOLUTION TOOLBOX Web Site, but has no obligation to do so. You may not use the SOLUTION TOOLBOX Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the SOLUTION TOOLBOX Web Sites. Without limiting the generality of this section, you may not use the SOLUTION TOOLBOX Web Sites in any manner that could damage, disable, overburden, or impair any SOLUTION TOOLBOX Web Site (or the network(s) connected to any SOLUTION TOOLBOX Web Site) or interfere with any other party's use of the SOLUTION TOOLBOX Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the SOLUTION TOOLBOX Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the SOLUTION TOOLBOX Web Sites in any way that violates the SOLUTION TOOLBOX Anti-Spam Policy. You may view the Anti-Spam Policy at privacy@merchantservicecenter.com. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. SOLUTION TOOLBOX may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the SOLUTION TOOLBOX Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the SOLUTION TOOLBOX Web Sites even if such e-mail does not violate the Anti-Spam Policy.

6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to SOLUTION TOOLBOX related to the SOLUTION TOOLBOX Web Sites (a "Submission"), you grant SOLUTION TOOLBOX permission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the SOLUTION TOOLBOX Web Sites, and (2) sublicense these rights, to the maximum extent permitted by applicable law. SOLUTION TOOLBOX will not pay you for your Submission. SOLUTION TOOLBOX may remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law.

7. SOFTWARE
Your use of any software associated with the SOLUTION TOOLBOX Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software.

8. INFORMATION AVAILABLE FROM THE SOLUTION TOOLBOX WEB SITES SOLUTION TOOLBOX
and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the SOLUTION TOOLBOX Web Sites . SOLUTION TOOLBOX and its suppliers do not authorize the use of information available from the SOLUTION TOOLBOX Web Sites, for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

9. SOLUTION TOOLBOX MAKES NO WARRANTY
SOLUTION TOOLBOX PROVIDES THE SOLUTION TOOLBOX WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOLUTION TOOLBOX PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE SOLUTION TOOLBOX PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SOLUTION TOOLBOX WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY SOLUTION TOOLBOX PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE SOLUTION TOOLBOX WEB SITES, EVEN IF SUCH SOLUTION TOOLBOX PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SOLUTION TOOLBOX WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY SOLUTION TOOLBOX PARTY WITH RESPECT TO THIS AGREEMENT OR THE SOLUTION TOOLBOX WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SOLUTION TOOLBOX WEB SITES.

11. CHANGES TO THE SOLUTION TOOLBOX WEB SITES; ADDITIONAL LIABILITY LIMITATION THE SOLUTION TOOLBOX PARTIES MAY CHANGE THE SOLUTION TOOLBOX WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON.
As you use the SOLUTION TOOLBOX Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by SOLUTION TOOLBOX and persons other than SOLUTION TOOLBOX (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE SOLUTION TOOLBOX PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT SOLUTION TOOLBOX IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOLUTION TOOLBOX WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE SOLUTION TOOLBOX WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOLUTION TOOLBOX WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE SOLUTION TOOLBOX WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION;
ACCESS RESTRICTION SOLUTION TOOLBOX may terminate this Agreement, or terminate or suspend your access to the SOLUTION TOOLBOX Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the SOLUTION TOOLBOX Web Sites will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE SOLUTION TOOLBOX WEB SITES MAY NOT BE RETRIEVED LATER.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with SOLUTION TOOLBOX, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Ohio, without reference to conflict of laws principles. If this Agreement is with a SOLUTION TOOLBOX affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such SOLUTION TOOLBOX affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject SOLUTION TOOLBOX Web Sites are directed. If this Agreement is with SOLUTION TOOLBOX, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Summit County, Ohio, USA in all disputes arising out of or relating to the use of the SOLUTION TOOLBOX Web Sites. If this Agreement is with a SOLUTION TOOLBOXaffiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such SOLUTION TOOLBOX affiliate in all disputes arising out of or relating to the use of the SOLUTION TOOLBOX Web Sites.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. SOLUTION TOOLBOX may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the SOLUTION TOOLBOX Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and SOLUTION TOOLBOX with respect to the SOLUTION TOOLBOX Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SOLUTION TOOLBOX with respect to the SOLUTION TOOLBOX Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND SOLUTION TOOLBOX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SOLUTION TOOLBOX WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the SOLUTION TOOLBOX Web Sites are Copyright © 2010 Solution Toolbox and/or its suppliers, 1234 S. Cleveland Massilon Rd., Copley, OH 44321 U.S.A. All rights reserved. Solution Toolbox, SOLUTION TOOLBOX, Solution Toolbox logo (Swoosh), and/or other SOLUTION TOOLBOX products and services referenced herein may also be either trademarks or registered trademarks of SOLUTION TOOLBOX in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. Any rights not expressly granted herein are reserved.