Terms of Use and Notice of Copyright Infringement

 

These terms of use is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder. These terms of use does not require any physical, electronic or digital signature.


These Terms of Use ("Terms") apply to our websites, microsites, mobile versions of these websites and mobile applications (individually referred to as 'Site' and collectively as "Sites") that expressly adopt and display or link to these Terms and that are owned, operated or controlled by Stanley Black & Decker Inc. and any of its affiliates including, but not limited to, Stanley Black & Decker, Inc., Stanley, Stanley FatMax, Black+Decker, DEWALT, Porter-Cable, Bostitch, Proto, Emglo, Powers, Elco, Lista and Vidmar (collectively, "Stanley Black & Decker", such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns). We provide these Sites to you subject to these Terms. By visiting, registering with, or shopping at a Site or downloading a mobile app with a link to these Terms, you agree to accept and be bound by these Terms, which can be modified from time to time, and our privacy policy at http://www.blackanddecker.com/en-us/legal/privacy-policy


Please read these Terms carefully. By using the Sites, you indicate that you understand, agree and consent to the Terms. If you do not agree with the Terms, please do not use the Sites.


Use of the Sites is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Sites. Any person under the age of 18 shall not register on the Sites and shall not transact on or use the Sites. If a minor wishes to use or transact on the Sites, such use or transaction may be made by the minor's legal guardian or parents on the Sites. Stanley Black & Decker reserves the right to terminate any person's membership and/or refuse to provide such person with access to the Sites if it is brought to Stanley Black & Decker's notice or if it is discovered that such person is not eligible to use the Sites.


Regarding our privacy policy, Stanley Black & Decker, located at 28, Akemps, 3rd Main, 1st Cross, Ashwini layout Koramangala Intermediate Ring Road Bangalore-560047, Karnataka India and Gat No. 135, 136 & 157, P.O. Mahalunge, Chakan Talegaon Road, Tal Khed, Dist. - Pune - 410 501, Maharashtra, is responsible for the use and protection of your personal information, which we will use to personalize your experience with us and our communications with you, and helps us to continually improve your experience on our Sites. For more information regarding the use and protection of your personal information, please read our privacy policy carefully. The privacy policy shall form an integral part of the Terms and both these documents constitute the user agreement and a legally binding contract between you and Stanley Black & Decker.


TERMS SPECIFIC TO USERS OF MOBILE APPLICATIONS


In addition to all the remaining Terms herein, if you are downloading a mobile application provided by us, you understand and agree that we have no obligation to maintain, support, upgrade or update any mobile applications that we provide. It is also possible that as you download a mobile application, you may be asked to agree to terms in addition to these Terms regarding collection of information, including location information or warranties. If there is a conflict between these Terms and the terms you agree to at the time of downloading, the terms agreed to at the time of downloading will control. You understand and acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the downloaded mobile application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the mobile application and you accept responsibility for any such charges. You acknowledge that if you are downloading a mobile application through Apple iTunes or Google Play, neither Apple nor Google has an obligation to provide any support or maintenance services in relation to our mobile applications. If you have maintenance or support questions in relation to one of our mobile applications, contact us at SBD-CustomerCommunications@sbdinc.com


COPYRIGHT


All content included on this Site, such as HTML code, scripts, text, graphics, logos, button icons, images, video, or software created to provide mobile applications and audio (collectively, "Materials"), is our property or the property of our content suppliers and protected by Indian and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers and protected by Indian and international copyright laws.


TRADEMARKS


Stanley Black & Decker retains all rights regarding its trademarks, trade names, brand names, logos and trade dress including but not limited to Stanley, Stanley FatMax, Black+Decker, DEWALT, Porter-Cable, Bostitch, Proto, Emglo, Powers, Elco, Lista and Vidmar. These marks, names or trade dress, and all associated logos or images, are registered and/or common law trademarks, and are protected by Indian and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these Terms or by your use of this Site. Your misuse of the trademarks, trade names, brand names, or trade dress displayed on this Site is strictly prohibited.


LICENSE AND SITE ACCESS


We grant you a limited license to access and make personal use of this Site. No right, title or interest in our Materials is conveyed to you. You may not download (other than page caching) or modify this Site, or any portion of it, except with our prior express written consent. This license does not include any resale or commercial use of this Site or its Materials; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted are reserved by Stanley Black & Decker.


Special Notice: We have a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in meta tag keywords is trademark infringement, and the use of trademarks or names in page text, meta tags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. You may not, without our prior express written consent, do any of the following: (a) link to any web page on this Site; (b) use any meta tags or any other "hidden text" utilizing our name or trademarks; or (c) frame, inline link or utilize other techniques to associate or juxtapose any of our trademarks, logos, or other Materials with advertisements and/or other information not originating from our Site.


Any unauthorized use terminates your limited license, and we may revoke this limited license at any time for any or no reason. In the event of a violation of these Terms, Stanley Black & Decker reserves the right to seek all remedies available by law and in equity. Stanley Black & Decker retains the right at our sole discretion to deny access to anyone to this Site, at any time and for any or no reason, including, but not limited to, for violation of these Terms. You are also advised that Stanley Black & Decker will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.


COMMENTS, COMMUNICATIONS AND OTHER CONTENT


This Site may permit visitors to submit reviews, suggestions, ideas, comments, questions, photographs, images, videos, or other information ("User Submissions"). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Stanley Black & Decker does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on this Site. We have the right, but not the obligation, to monitor or remove any User Submission. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.


By posting or submitting User Submissions, and unless we indicate otherwise, you grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right, but not obligation, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, throughout the world in any media or technology now known or hereafter developed for any purpose whatsoever without any payment to or further authorization by you. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they so choose.


In connection with User Submissions, you affirm, represent and warrant that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Stanley Black & Decker as set forth in the license granted above; (iii) the content of the User Submission(s) is accurate; (iv) use of your User Submission on this Site or otherwise by Stanley Black & Decker, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (v) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Stanley Black & Decker to utilize the User Submission(s) without compensation or objection; and (vi) you will indemnify us for all claims or losses resulting from your User Submission(s).



You shall not post, transmit, redistribute, upload, modify, publish, host, display or promote any communications, content or materials that (a) are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harmful, harassing, abusive, hateful, racially or ethnically derogatory, blasphemous defamatory, paedophilic, libellous, invasive of privacy or publicity rights, disparaging, relating to or encouraging money laundering or gambling, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; (b) consist of or contain software viruses, corrupted files, or any other similar software files, the intent of which is to damage or alter the operation of another's computer; (c) contain political campaigning, unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (d) contain chain letters, pyramid schemes, mass mailings, or any form of "spam"; (e) use a false email address, impersonates another person or entity, including our company and our employees or agents, or is otherwise misleading as to the origin of the content; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) belongs to another person and over which you do not have any right to; (i) harm minors in any way; (j) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; (k) impersonate another person; (l) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to commit any cognizable offence or prevents investigation of any offence or is insulting any other nation; (m) otherwise violate any law; or in doing so, amounts to any conduct that, in the judgment of Stanley Black & Decker, restricts, impairs, interferes or inhibits any other user from using or enjoying this Site and/or our related services and products.


NOTICE OF COPYRIGHT INFRINGEMENT


Stanley Black & Decker does not permit copyright infringing activities on this Site and may remove any content of any kind, for example, if properly informed that the content infringes upon another's copyright rights. Stanley Black & Decker may terminate the ability to submit content if, under appropriate circumstances, a person submitting content to this Site is determined to be a repeat infringer.


If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may notify Stanley Black & Decker by providing the following information in writing:


1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;


2. Identification of the location where the original or an authorized copy of the copyrighted work exists;


3. Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Stanley Black & Decker to locate the same;


4. Information reasonably sufficient to permit Stanley Black & Decker to contact you, such as an address, telephone number, and, if available, an email address;


5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and


6. A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.


INDEMNITY


You agree to indemnify, defend and hold harmless Stanley Black & Decker from and against all direct and indirect losses, expenses, damages and costs, including reasonable lawyer fees, arising out of your violation of these Terms.


GRIEVANCE REDRESSAL MECHANISM


In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:


Stanley Black & Decker, Inc.
Attn: Victoria Yazji, Esquire
9850 Premier Parkway, Miramar, Florida 33025Phone: (954) 624-1100
Fax: (954) 704-3797
Email: Victoria.Yazji@sbdinc.com


You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.


OUR PRODUCTS


We attempt to be as accurate as possible regarding product descriptions, pricing and availability. However, unless specifically stated otherwise in writing on this Site, we do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on this Site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products on this Site does not imply or warrant that these products will be available over the internet at any particular time.


LINKING


Links may be established from this Site to one or more external websites or resources operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to this Site. None of such links should be deemed to imply that Stanley Black & Decker endorses the Third Party Sites or any content therein. Unless the link is to another Stanley Black & Decker website, Stanley Black & Decker does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Stanley Black & Decker will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.


CONSENT TO COMMUNICATE


By using this Site, and providing your email contact information to Stanley Black & Decker through this Site, you hereby agree and consent to receiving e-mails from Stanley Black & Decker, subject to the Terms. In the event you wish to stop receiving any marketing or promotional emails, you may click here to unsubscribe ____________. You agree and acknowledge that it may take up to 10 business days for Stanley Black & Decker to give effect to such a request from you.


APPLICABLE LAW


By visiting this Site, you agree that the laws of India, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.


DISPUTES


Any dispute between you and Stanley Black & Decker arising out of, in connection with, or in relation to this Site, the Materials located on this Site or the Terms shall be referred to arbitration to be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996 and any subsequent amendments thereof. The arbitration shall be conducted by a sole arbitrator appointed by Stanley Black & Decker. Such arbitration shall be the sole and exclusive remedy with respect to all such disputes. The venue or seat of the arbitration shall be Bangalore, India, and the proceedings shall be in English. The arbitral award shall be final and binding on the Parties.


Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify these Terms or to award punitive or exemplary damages.


Subject to the above arbitration, the Courts at Bangalore, India shall have exclusive jurisdiction in relation to any matter arising out of or incidental to this Terms. The arbitration clause stated above shall not preclude Stanley Black & Decker from applying for and obtaining any injunctive, prohibitory or other similar urgent or interim relief from a competent court of law, for which the courts at Bangalore, India, shall have exclusive jurisdiction.


DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


WEBSITE: THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.


WE DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


THIS SITE CAN BE USED IN ALL COUNTRIES WORLDWIDE. STANLEY BLACK & DECKER MAKES NO REPRESENTATION THAT THE CONTENT AVAILABLE THROUGH OUR SITES IS APPROPRIATE OR AVAILABLE FOR ALL COUNTRIES. IF YOU ACCESS OR USE THE SITES IN ANY COUNTRY WHERE THE SITES ARE PROHIBITED, YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH NECESSARY LAWS AND REGULATIONS FOR USE OF THE SITES IN THAT COUNTRY.


PRODUCTS: WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, OUR EXPRESS WARRANTIES ARE LIMITED TO THOSE SPECIFIED WITH EACH PRODUCT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF STANLEY BLACK & DECKER IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.


OTHER TERMS AND CONDITIONS, SITE MODIFICATION, AND SEVERABILITY


We may offer the opportunity to participate in sweepstakes, contests or other promotions through this Site. In addition to these Terms, the sweepstakes, contests or other promotions will be governed by terms and conditions specific to those sweepstakes, contests or promotions. If there is a conflict between these Terms and the terms and conditions for the sweepstakes, contests or other promotions, the terms and conditions for the sweepstakes, contests or other promotions will control.


You confirm that your representations, warranties, undertakings and covenants, and the clauses relating to indemnities, limitation of liability, grant of license, governing law, and confidentiality shall survive the efflux of time and the termination of the Terms.


Stanley Black & Decker shall not be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to causes beyond its control or without its fault or negligence, due to force majeure events including but not limited to acts of war, acts of God, earthquake, floods, riot, sabotage, labor shortage or dispute, internet interruption, technical failure, hacking, piracy, cheating or any other such events of nature similar to the foregoing.


The failure of Stanley Black & Decker to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision.


You shall not assign or transfer or purport to assign or transfer this contract to any other person.


Any change to these Terms will be notified to you through our official website. Your use of the Site after you have been notified that changes have been made to the Terms, will be deemed and interpreted as your agreement and acceptance to such changes. If any provision in these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.


Last Updated: March 17, 2017