TERMS OF USE

CleanTools' Website Terms of Use

Last amended: August 11, 2006

These Terms of Use are between you and CleanTools, Inc, ("CleanTools") the owner of this Website, www.cleantools.net. Your use or browsing of this Website is an acknowledgement that you have read the most recent version of the Terms of Use and that you agree to adhere to its terms. If you do not agree to be bound by these Terms of Use, please cease all further use of this Website. We reserve the right to amend these Terms of Use at any time. Privacy. Our use of your information is governed at all times by our Privacy Statement , which is incorporated into this Terms of Use. Trademarks and Copyrights. The Absorber®, CleanTools®, The Glosser® and Dash Gear® and other marks, logos, graphics, and trade dress used on this Website are CleanTools' trademarks or service marks, and may not be used in any manner (including in "meta-tags" or "hidden text") without our prior written approval. All the materials contained on this Website are copyrighted except where explicitly noted otherwise and are protected under national laws and international treaties throughout the world. Except for materials on the Website that you are expressly allowed to download or copy for non-commercial, personal use only, such as the Screen Saver, all material displayed on our Website may not be copied, modified or distributed without the express written approval of CleanTools. If you download or copy any permitted material, you may not remove any copyright and other proprietary notices in the material. The CleanTools' site may also contain images that are subject to the copyright rights of third parties. Submissions. If you submit any ideas, photographs or other material through this Website or through email, you grant us a nonexclusive, worldwide royalty-free, perpetual, irrevocable, transferable, sublicensable, license and right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such material, photograph or idea in any manner. You represent you own or otherwise control all rights to the content and materials that you send to us to post on this Website and that you will not, directly or indirectly such as by assisting someone else, publish, disseminate, transmit or store, any material that: (a) violates anyone's intellectual property rights, including trademarks, copyrights, patents, trade secrets, publicity rights; (b) violates applicable U.S. or foreign laws or regulations; (c) contains viruses, corrupted files or other contaminants that may damage the operation of another device; (c) contains content that is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent or otherwise objectionable; (d) misrepresents the identity of another person or entity, or falsifies or deletes any author attributions, legal or other proper notices, or proprietary designations or labels of the origin of material sent to us. When we Ship. All in-stock products will be shipped within 2 business days after you place your order. We will notify you within 10 calendar days if your Product cannot be shipped within that time frame and provide you with your options. Money Back Guarantee for The Glosser® Cleaning Cloth. CleanTools will return your full purchase price if you don't find The Glosser® cleaning cloth to be the easiest way to give your car that last minute shine. Proof of purchase is necessary. See below for details about how to return a product. Returning a Product. Within 45 days of purchase, you may return any product ordered from our online store. Returned products must be in their original packaging with all instructions. All returned products must be new, unused, complete and undamaged. If the return is due to an error by CleanTools or a defective product, we will credit you for the return postage or freight; otherwise you are responsible for the return postage or freight. Simply mail the item, packing slip and all to: CleanTools 10 Plaza Drive. Westmont, IL 60559. Please note that products purchased from our online store may not be returned to another retailer who carries our products. After we receive the returned item, you will either receive credit or the replacement item you specified. Links to other Websites. This Website may contain links to other sites not operated by CleanTools. The links are provided for your convenience. The inclusion of any links to other sites does not imply endorsement by CleanTools of those sites or the contents. CleanTools is not responsible for the contents, links or privacy of any linked site. Access to any other sites linked to this Website is at your own risk. Links to the Website. You are expressly prohibited from framing or linking or otherwise using or displaying the Website in such a manner so that it appears to be part of your own or someone else's website. You shall not deep link to or scrape any page on the Website or otherwise link in a manner that bypasses the Website home page, and you shall not harvest email addresses from the Website. Disclaimer. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES. Limitation of Liability. CLEANTOOLS, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS AND ITS SUPPLIERS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, INCLUDING, BUT NOT LIMITED TO, YOUR DOWNLOADING OR UPLOADING OF ANY SCREENSAVER, MATERIAL OR DOCUMENTS. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF CLEANTOOLS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). Indemnity. You agree to indemnify and hold harmless, CleanTools, its employees, officers, representatives, suppliers or service providers from any loss, liability, claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the website, or any service or content of the site, including, without limitation, any information or content you post to the site, any material you download from the site or any interference with the operation of the site. Other Policies. It is our policy, in appropriate cases to restrict access to or availability of material that we consider within the scope of the subsections (a)-(d) of the "Submissions" section above. It is also our policy to terminate, in appropriate circumstances, the access rights of repeat copyright infringers. If you believe that a work protected by a U.S. copyright that you own has been posted or stored on the Website without authorization, please contact us. Please be advised that the provisions set forth herein are intended to give notice of our policies, but are not intended to impose a contractual obligation on us to undertake, or refrain from undertaking, any particular course of conduct. Furthermore, we have the right but no obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any other party. CleanTools, pursuant to the Digital Millennium Copyright Act, designates Patti Contreras as its agent to receive complaints and notices of suspected copyright infringers. CleanTools' agent can be reached at Sachnoff & Weaver, Ltd., 10 S. Wacker Drive, 40th Floor, Chicago, IL 60606, (312)207-1000 or ipdocket@sachnoff.com. Choice of Law. This Terms of Use shall be governed and interpreted in accordance with the substantive law of the State of Illinois without regard to its conflict of law provisions. You understand that this Website is directed only to residents of the United States. Entire Agreement. These Terms of Use are the entire understanding and agreement between CleanTools and you with respect to the subject matter hereof. Miscellaneous. The invalidity or unenforceability of any provisions of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision of these Terms of Use are found to be invalid or unenforceable, these Terms of Use shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. No delay or failure by CleanTools to enforce any of the Terms of Use shall be a waiver of any or our rights under these Terms of Use.