Terms of Use
HOBBY TOOL STOP, U.S.A. LEGAL TERMS AND CONDITIONS OF WEBSITE ACCESS
Thank you for visiting the Terms and Conditions page of Hobby Tool Stop U.S.A.'s ("Hobby Tool Stop ") website. This page describes our legal agreement (the "Agreement") governing your use of Hobby Tool Stop’s website at http://www.hobbytoolstop.com (the "Hobby Tool Stop Website" or "Website").
Your Acceptance
BY USING AND/OR VISITING THE HOBBY TOOL STOP WEBSITE, YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS OF WEBSITE ACCESS AND THE TERMS AND CONDITIONS OF HOBBY TOOL STOP’S PRIVACY POLICY, WHICH ARE PUBLISHED AT http://www.hobbytoolstop.com/privacy-policy/, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU SHOULD NOT USE THE WEBSITE. SHOULD HOBBY TOOL STOP MAKE ANY SUBSTANTIAL CHANGE TO THESE TERMS AND CONDITIONS, WE WILL PUBLISH AN AMENDMENT TO THIS AGREEMENT, or we may email you if you have not opted out of email notifications.
Hobby Tool Stop Website and Your Account
This Agreement applies solely to the Hobby Tool Stop Website, which may contain links to third party websites that are not owned or controlled by Hobby Tool Stop. Hobby Tool Stop has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Hobby Tool Stop will not and cannot censor or edit the content of any third party site. By using the Website, you expressly relieve Hobby Tool Stop from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the Hobby Tool Stop Website, and to read the terms and conditions and privacy policy of each other website that you visit. If you use the Hobby Tool Stop Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and other devices, and you agree to accept responsibility for all activities that occur under your account or password.
Website Access, Order Review and Acceptance
Hobby Tool Stop hereby grants you permission to view, display, and download a single copy of the material on the Website, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy, republish or rebroadcast any part of the Website in any medium, other than as expressly permitted herein, without Hobby Tool Stop's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of this Agreement. This permission shall terminate automatically without notice if you breach this Agreement. Upon termination, you must immediately destroy any downloaded and printed copies of the Hobby Tool Stop Website or any portions thereof.
Please note that there may be certain orders that Hobby Tool Stop is unable to accept and must cancel. Hobby Tool Stop reserves the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped (unless you are paying via your PayPal account, in which case you will be charged prior to your order being shipped). For example, your order being canceled may include inaccuracies on quantities available for purchase, limitations or errors in product or pricing information, or problems identified by Hobby Tool Stop’s credit and fraud protection department. Hobby Tool Stop may also require additional verification or information before accepting any order. Hobby Tool Stop will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card (or other payment account) has been charged, Hobby Tool Stop will issue a credit to your credit card (or other applicable payment account) in the amount of the charge.
Copyrights, Trademarks and Intellectual Property
The original content of the Hobby Tool Stop Website, including without limitation the text, software, graphics, photos, and images (“Content”), are owned by or licensed to Hobby Tool Stop, subject to copyright and other intellectual property rights under United States Copyright Act, foreign laws, and international conventions. Hobby Tool Stop reserves all rights not expressly granted in and to the Website and the Content. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Content in any way for any public or commercial purpose.
Certain names, logos and/or slogans contained in the Website, including all Hobby Tool Stop logos and " Hobby Tool Stop, U.S.A.", are the trademarks of Hobby Tool Stop and/or its parent corporation. Such marks may not be used without the express written authorization from their respective owners. Nothing on the Website shall be construed as conferring any license under any of Hobby Tool Stop's or its parent's trademark or other intellectual property rights, whether by estoppel, implication, or otherwise.
User Submissions and Usage by Minors
The Hobby Tool Stop Website may now or in the future permit the publication of communications or data posted by you and other users ("User Submissions"). Any User Submission that you post to the Hobby Tool Stop Website shall automatically be deemed non-confidential. By posting a User Submission, you expressly grant Hobby Tool Stop a royalty-free, perpetual, irrevocable, nonexclusive, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform, display, and make derivative works of such User Submission, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, and further including the unfettered right to sub-license such rights.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you agree that you will not: (i) post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material; (ii) publish falsehoods or misrepresentations that could damage Hobby Tool Stop or any third party; (iii) post material that is obscene, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or any other person or entity; (iv) post advertisements or solicitations of business; (v) post chain letters or pyramid schemes; or (vi) impersonate another person.
Hobby Tool Stop does not endorse any User Submission or any opinion, recommendation or advice expressed therein, and Hobby Tool Stop expressly disclaims any and all liability in connection with User Submissions. Hobby Tool Stop does not screen communications in advance, and shall not be responsible for screening or monitoring User Submissions. If notified by a user of a User Submission that allegedly does not conform to this Agreement, Hobby Tool Stop may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the User Submission.
The Site is not intended for or directed to minors (typically persons under the age of 18). Since Hobby Tool Stop cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, Hobby Tool Stop must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase and restrict access accordingly. By using the Site, purchasing products from Hobby Tool Stop or providing Hobby Tool Stop with any information, you represent to Hobby Tool Stop that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, that you have the express permission of your parent or guardian and that any information you provide to Hobby Tool Stop is not inaccurate, deceptive or misleading. Hobby Tool Stop requires that all purchases be made either (i) by individuals who are the age of majority and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on the jurisdiction), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
Warranty Disclaimer and Content Description
YOU AGREE THAT YOUR USE OF THE HOBBY TOOL STOP WEBSITE SHALL BE AT YOUR SOLE RISK. HOBBY TOOL STOP PROVIDES THE WEBSITE AND CONTENT SOLELY ON AN "AS IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, HOBBY TOOL STOP, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. HOBBY TOOL STOP MAKES NO WARRANTIES WHATSOEVER ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, PHOTOGRAPHS, LINKS, OR OTHER MATERIAL CONTAINED IN THE HOBBY TOOL STOP WEBSITE. HOBBY TOOL STOP DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. HOBBY TOOL STOP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HOBBY TOOL STOP WEBSITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND HOBBY TOOL STOP WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL HOBBY TOOL STOP, ITS PARENT CORPORATION, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE HOBBY TOOL STOP WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT HOBBY TOOL STOP SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Indemnity and Disputes
You agree to defend, indemnify and hold harmless Hobby Tool Stop, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Hobby Tool Stop Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Hobby Tool Stop Website. Hobby Tool Stop shall notify you of any such claim, suit, or proceeding, and may assist you, at your expense, in defending any such claim, suit or proceeding.
Any dispute relating in any way to your visit to the Site, to these Terms of Use, to our Privacy Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Vista, California, USA. Provided, however, that, to the extent you have in any manner violated or threatened to violate Hobby Tool Stop intellectual property rights, Hobby Tool Stop may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to the exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the commercial rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.
Pricing, Coupons and Discounts
Items in your Shopping Cart will always reflect the most recent prices displayed on the items' product detail page and take into account how you accessed the Site, the daily promotion and any coupon code you entered. Please note this price may differ from the prices shown for the items when you first placed them in your Shopping Cart. Placing an item in your Shopping Cart does not necessarily reserve the price shown at that time; most Hobby Tool Stop discount offers are for a limited time only, and have stated expiration dates. Accordingly, it is possible that an item's price may change between the time you place it in your Shopping Cart and the time you complete your Checkout. In addition, prices are subject to availability of the product at the time of ordering.
While Hobby Tool Stop strives to provide accurate pricing information, pricing or typographical errors may occur. Hobby Tool Stop cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price due to an error in pricing, Hobby Tool Stop shall have the right, at Hobby Tool Stop's sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Hobby Tool Stop may, at Hobby Tool Stop's sole discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by http://www.hobbytoolstop.com. Hobby Tool Stop regrets that we cannot be responsible for pricing errors made on third-party or affiliated web sites, or prices quoted incorrectly in print publications which are not directly affiliated with Hobby Tool Stop. At Hobby Tool Stop, Free Shipping, Percent Savings and Dollar Savings are all considered to be promotional offers. Coupons and discounts apply only to available inventory and only to your next purchase. We do not offer rain checks. Coupons and discounts may not be combined with free shipping offers or any other coupons or discounts. Coupons and discounts may not be applied to the purchase of email gift certificates or to Hobby Tool Stop corporate sales orders. Shipping promotions are calculated based upon the price of the product once discounts have been applied. Percent-off and dollars-off discounts are not applicable to certain brands or collections within certain brands.
Risk of Loss and Returns Policy
All items purchased from Hobby Tool Stop are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the shipping carrier. We unconditionally guarantee unused or defective merchandise for 30 days from the receipt of shipment. If you are not completely satisfied with your purchase you may return unused or defective merchandise free, for a prompt refund or exchange. Return fees may apply for returns requesting a credit in the form of a refund. Please see the complete terms of our Returns Policy here. To the extent there is a conflict between the terms of the Hobby Tool Stop Return Policy and the Terms and Conditions, the Terms and Conditions shall govern.
Export Control
The United States controls the export of some products and information. You agree to comply with all applicable restrictions concerning the export or re-export of any data to countries or persons prohibited under the export control laws. By accessing and/or downloading any part of the Hobby Tool Stop outside of the United States, you agree that you are not in a country where the downloading of such data is prohibited, and that you are not otherwise subject to such prohibition. You are responsible for complying with the laws of your local jurisdiction regarding the import, export or re-export of any material, including software or data.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Hobby Tool Stop’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Hobby Tool Stop of an allegation that your copyrighted material has been infringed.
-A description of the copyrighted work that you claim has been infringed;
-A description of where the material that you claim is infringing is located on the Site;
-Your address, telephone number, and email address;
-A statement by you that you have a good faith belief that the disputed use on the Site is not authorized by the copyright owner, its agent, or the law;
-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Hobby Tool Stop Copyright Agent can be reached as follows:
Copyright Agent
Hobby Tool Stop Legal Department
1895 Avenida del Oro #4047
Oceanside, CA 92052
email: info@hobbytoolstop.com
Notice and Procedure for Making Claims of Trademark Infringement
If you believe that your work has been copied in a way that constitutes trademark infringement, please provide Hobby Tool Stop’s trademark agent the written information specified below. Please note that this procedure is exclusively for notifying Hobby Tool Stop of an allegation that your trademarked material has been infringed.
-A description of the trademarked work that you claim has been infringed;
-A description of where the material that you claim is infringing is located on the Site;
-Your address, telephone number, and email address;
-A statement by you that you have a good faith belief that the disputed use on the Site is not authorized by the trademark owner, its agent, or the law;
-A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the trademark owner or authorized to act on the trademark owner's behalf.
Hobby Tool Stop Trademark Agent can be reached as follows:
Trademark Agent
Hobby Tool Stop Legal Department
1895 Avenida del Oro #4047
Oceanside, CA 92052
email: info@hobbytoolstop.com
General
You agree that: (i) the Hobby Tool Stop Website shall be deemed solely based in California; and (ii) the Hobby Tool Stop Website shall be deemed a passive website that does not give rise to personal jurisdiction over Hobby Tool Stop, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Hobby Tool Stop that arises in whole or in part from the Hobby Tool Stop Website shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. This Agreement, together with the Privacy Policy at http://www.hobbytoolstop.com and any other legal notices published by Hobby Tool Stop on the Website, shall constitute the entire agreement between you and Hobby Tool Stop concerning the Hobby Tool Stop Website. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Hobby Tool Stop's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Hobby Tool Stop reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review the Agreement for any changes. Your use of the Hobby Tool Stop Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
The Terms of Use were last updated on February 1, 2019. Please check our Terms of Use periodically for changes.