TERMS OF SERVICE

This ecommerce website is operated by Capri Tools. Throughout the site, the terms “we”, “us” and “our” refer to Capri Tools. The terms “you” and “your” refer to you, the person or entity using the site and purchasing any Service or product. Capri Tools offers this website, including all information, products, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink., including without limitation our Privacy Policy, our Return Policy, and our Website Terms of Use. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new products, features or tools which are added to the current store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve [a] transmissions over various networks; and [b] changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

This site and all its contents are intended solely for personal use. You may download or copy the contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the contents or the site.

All materials, including images, illustrations, designs, icons, photographs, and written and other materials that are part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Capri Tools, or, as otherwise noted, are the intellectual property of Capri Tool’s vendors and or suppliers. The site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Capri Tools. The Capri Tools mark and other marks appearing at this Site are the trademarks of Capri Tools, its vendors and or suppliers.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation [a] to maintain any comments in confidence; [b] to pay compensation for any comments; or [c] to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: [a] for any unlawful purpose; [b] to solicit others to perform or participate in any unlawful acts; [c] to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; [d] to infringe upon or violate our intellectual property rights or the intellectual property rights of others; [e] to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; [f] to submit false or misleading information; [g] to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; [h] to collect or track the personal information of others; [i] to spam, phish, pharm, pretext, spider, crawl, or scrape; [j] for any obscene or immoral purpose; or [k] to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are [except as expressly stated by us] provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Capri Tools, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort [including negligence], strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content [or product] posted, transmitted, or otherwise made available via the service, even if advised of their possibility. 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, our liability shall be limited to the maximum extent permitted by law.

You might have noticed the Prop 65 warning we place on our product packaging and wondered what it is all about. Here are frequently asked questions to help explain what the warning is and why we, like most companies doing business in California, are required to display it.

[a] What is the Proposition 65 Warning?

This warning is the result of a law passed in California in 1986, referred to as the California Safe Drinking Water and Toxic Enforcement Act of 1986, or more generally referred to as “Proposition 65.”

The law requires all businesses doing business in California to provide a warning if a product contains any of the more than 900 naturally occurring and synthetic chemicals that the State of California has determined to cause cancer or reproductive harm. Businesses are exempt from the warning requirement if they can prove a product does not contain any of the more than 900 naturally occurring and synthetic chemicals over a “no significant risk level” or a “no observable effect level.”

For chemicals that are listed as causing cancer, the “no significant risk level” is defined as the level of exposure that would result in not more than one excess case of cancer in 100,000 individuals exposed to the chemical over a 70-year lifetime. In other words, a person exposed to the chemical at the “no significant risk level” for 70 years would not have more than 0.001% chance of developing cancer as a result of that exposure.

For chemicals that are listed as causing birth defects or reproductive harm, the “no observable effect level” is divided by 1,000 in order to provide an ample margin of safety. Warnings are issued if the exposures to listed chemicals which cause birth defects or reproductive harm exceed 1/1000th of the “no observable effect level.”

Because of the burden of proof to be exempt from providing a warning is so onerous, many businesses simply elect to provide a warning based on the possible presence of one or more listed chemicals without evaluating the level of exposure. As such, the level of exposure may be below the “no significant risk level” or “no observable effect level”, or it may be zero. Proposition 65 warnings can be seen on all kinds of products including on foods, supplements, herbs, aspirin, alcoholic beverages, and in all kinds of places including restaurants, grocery stores, hotels, schools, and hospitals.

[b] Why does Capri Tools include this warning?

While we believe our products are not harmful when used as designed, we provide the warning out of an abundance of caution and as a result of the law. The fact that a product bears a Proposition 65 warning label does not mean by itself that the product is unsafe.

[c] Where can I find more information on Proposition 65?

The State of California has published a plain English guide and FAQ, which will provide more helpful information.

http://oehha.ca.gov/prop65/background/p65plain.html

http://oehha.ca.gov/prop65/p65faq.html

Capri Tools provides the materials on this site “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Capri Tools may modify the Content at any time without notice to you. We are not responsible for any damage to your computer, software, telecommunication equipments or other property resulting from your use of our site. You further acknowledge that Capri Tools shall not be liable for any damages or any kind related to your use of this site.

Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, such provision shall be valid and enforceable to the extent permitted by law or the applicable rules or bylaws, and the validity and enforceability of the other provisions shall not be affected thereby. Failure of Capri Tools to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. This Agreement shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. In any action arising under this Agreement, you consent to the jurisdiction and venue of the state and/or federal courts of the State of California, and/or Los Angeles County.