Agreement between User and www.diamondtoolstore.com
Welcome to www.diamondtoolstore.com. The www.diamondtoolstore.com website (the "Site")
is comprised of various web pages operated by Euro Asian Blades, Inc. ("EAB").www.diamondtoolstore.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the "Terms"). Your use ofwww.diamondtoolstore.com constitutes your agreement to all such Terms. Please read theseterms carefully, and keep a copy of them for your reference. www.diamondtoolstore.com is an E-Commerce Site. Euro Asian Blades, Inc. DBA Diamond Tool Store provides customers the complete experience to purchase the most high quality tools and equipment at an economical price for the stone and concrete industries.
Children Under Thirteen
EAB does not knowingly collect, either online or offline, personal information from persons
under the age of thirteen. If you are under 18, you may use www.diamondtoolstore.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.diamondtoolstore.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of EAB and EAB is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EAB is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EAB of the site or any association with its operators. Certain services made available via www.diamondtoolstore.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.diamondtoolstore.com domain, you hereby acknowledge and consent that EAB may share such information and data with any third party with whom EAB has a contractual relationship to provide the requested product, service or functionality on behalf of www.diamondtoolstore.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
enjoyment of the Site. You may not obtain or attempt to obtain any materials or informationthrough any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as thecompilation thereof, and any software used on the Site, is the property of EAB or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. EAB content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of EAB and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EAB or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by EAB from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the EAB Content accessed throughwww.diamondtoolstore.com in any country or in any manner prohibited by any applicable laws,restrictions or regulations.
Users are prohibited from violating or attempting to violate the security of the Site, including,without limitation, (a) accessing data not intended for such user or logging onto a server or anaccount which the user is not authorized to access; (b) attempting to probe, scan or test thevulnerability of a system or network or to breach security or authentication measures withoutproper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Diamondtoolstore.com on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
EAB reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and EAB as a result of this agreement or use of the Site. EAB's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EAB's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EAB with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EAB with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EAB with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
EAB reserves the right, in its sole discretion, to change the Terms under whichwww.diamondtoolstore.com is offered. The most current version of the Terms will supersede allprevious versions. EAB encourages you to periodically review the Terms to stay informed of our
You agree to indemnify, defend and hold harmless EAB, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. EAB reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EABin asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; classarbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREETHAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCHAS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and EAB agree otherwise, the arbitrator may not consolidate
more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
This Agreement will be construed in accordance with and governed by the laws of the State of Florida. In the event of litigation, the prevailing party shall be entitled to be reimbursed their attorney’s fees.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EURO ASIAN BLADES, INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EURO ASIAN BLADES, INC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EURO ASIAN BLADES, INC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EURO ASIAN BLADES, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
EURO ASIAN BLADES, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THEPOSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR