Terms and Conditions

General

1. A

   This Website provides information about EnjoyTool and its merchandise and services and facilitates the purchase of such merchandise and services. Most merchandise on this website is available for delivery only within the United States. In some instances larger equipment are unable to travel via truck freight due to size or common carrier requirements. Use of this Website is limited to legitimate purposes. EnjoyTool may, from time to time, introduce new features to this Website or modify or delete existing features in its sole discretion. EnjoyTool shall notify User of any of these changes to features to the extent EnjoyTool is required by law to do so. By using any new or modified features when they become available, User agrees to be bound by these Terms concerning such features.

2. B

   Any access or attempt to access other areas of EnjoyTool's computer systems or other information contained on such systems for any purposes is strictly prohibited. User agrees not to interfere, in any way, with use of or access to this Website or take any action that imposes an unreasonable or disproportionately large load on this Website infrastructure. EnjoyTool reserves the right to report any activity that it suspects would violate any law or regulation and disclose any information to appropriate law enforcement officials, regulators, or other appropriate third parties.

3. C

   EnjoyTool shall have the right, in its sole discretion and without prior notice, at any time, and from time to time, to modify these Terms or to impose new terms and conditions with respect to access to or use of this Website or the placing of Orders hereunder. Such modifications and additions shall be effective immediately upon posting to this Website. Notice may be given by any means, including, without limitation, posting the modified or additional terms and conditions on this Website. If User disagrees with the changes to these Terms, User should discontinue User's use of the applicable services on this Website. Any access to or use of this Website by User after posting of modifications or additions to these Terms shall constitute and be deemed to be such User's agreement to such modifications or additions.

4. D

   EnjoyTool also has the right to modify or discontinue, temporarily or permanently, this Website, any merchandise or services advertised by EnjoyTool through this Website, or any User's right to access or use any portion of this Website, in EnjoyTool's sole discretion, at any time and without prior notice, for any reason, including without limitation: (1) attempts to gain unauthorized access to this Website or assist others attempting to do so, (2) disabling any security features on this Website, (3) User's violation of these Terms, (4) failure to pay for ordered merchandise or services or the applicable shipping charges, (5) suspected or actual infringement of a third party's intellectual property rights, or (6) requests by law enforcement or other government agencies. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes. User acknowledges and agrees that EnjoyTool shall not be liable to User or to any third party for any modification, suspension or discontinuance of this Website or any merchandise or services advertised by EnjoyTool or ordered by User through this Website.

Orders

1. A

   USER REPRESENTS AND WARRANTS TO ENJOYTOOL THAT USER IS AUTHORIZED TO ENTER INTO AND BE BOUND BY THESE TERMS ON USER'S BEHALF OR ON BEHALF OF THE ENTITY THAT USER REPRESENTS. By ordering merchandise or services on this Website, User shall be deemed to have ordered the specified merchandise and/or services from EnjoyTool pursuant to these Terms. The acceptance and fulfillment by EnjoyTool of any Order placed on this Website is subject to User's acceptance of all of these Terms. All other contrary terms and conditions are expressly rejected, and no addition or modification to these Terms shall be binding unless specifically agreed to in writing by EnjoyTool. User accepts these Terms by placing an Order through this Website or by receiving delivery of any merchandise ordered by User from this Website. EnjoyTool shall not be deemed to have accepted User's Order unless and until EnjoyTool sends to User, through electronic means, facsimile or other written communication, an acknowledgment that User's Order has been confirmed and will be fulfilled by EnjoyTool. EnjoyTool's acceptance of any Order by User is made only with the express understanding that these Terms shall govern any Order of merchandise and/or services through this Website by User.

2. B

   To purchase any merchandise and/or services on this Website, User must (a) be at least eighteen (18) years of age, or (b) be a natural person residing in, or a corporate entity incorporated or organized in, one of the 50 states of the United States. Prior to the purchase of any merchandise or services on this Website, User must provide EnjoyTool with a valid credit card number and associated payment information including all of the following: (i) User's name exactly as it appears on the credit card, (ii) User's credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge User's credit card. By submitting that information to EnjoyTool User hereby agrees that User authorizes EnjoyTool to charge User's card at EnjoyTool convenience but within 20 days of credit card authorization. All sales of merchandise and services hereunder are final, and all charges from those sales are nonrefundable.

3. C

   All prices for merchandise and services on this Website are quoted in U.S. Dollars, are valid and effective only in the United States, and are subject to change at any time without notice. Price comparisons made on this Website highlight the relative savings amounts of the pricing reflected herein, with the "List Price" being the manufacturer's suggested retail price ("MSRP") provided to EnjoyTool by the manufacturers. EnjoyTool makes no representation or warranty that EnjoyTool price is the lowest price available to User, or that any merchandise has been sold at the List Price. The "Customer Savings" reflected in this Website is the difference between EnjoyTool sale price and the MSRP provided to EnjoyTool.

4. D

   User shall be responsible for any tax or other governmental charge due to the sale, use or delivery of the merchandise, including, but not limited to, sales tax, use tax, retailer's occupational tax, and Value Added Tax. EnjoyTool shall automatically charge and withhold the applicable sales tax for Orders to be delivered to addresses in any states or localities that it deems is required.

5. E

   Merchandise availability is subject to change at any time, and EnjoyTool makes no representations or warranties regarding the availability of merchandise in all areas. EnjoyTool shall have the right to refuse or cancel any Orders placed for merchandise and/or services listed at an incorrect price or rebate amount, or containing any other incorrect information or typographical errors. EnjoyTool shall have the right to refuse or cancel any such Orders whether or not the Order has been accepted by EnjoyTool and/or User's credit card has been debited. If User's credit card has already been charged for the Order and User's Order is refused or canceled, EnjoyTool shall promptly issue a credit to User's credit card account in the amount of the charge.

6. F

   All payments on this Website must be made by VISA, MasterCard, American Express and Discover Network. Unless expressly set forth on this Website, EnjoyTool does not accept any other payment form. User's credit card agreement with the issuer of such card governs User's use of such card, and User must look only to that agreement and not these Terms to determine User's rights and obligations relating thereto. User shall remain responsible for any unauthorized charges to or purchases using User's credit card by a third party. User agrees to pay all fees and charges incurred in connection with User's purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless User notifies EnjoyTool of any discrepancies in charges for Orders under this Website within sixty (60) days after they first appear on User's credit card statement, User agrees that they will be deemed accepted by User for all purposes. In the event EnjoyTool does not receive payment from User's credit card issuer or its agent, User shall pay all amounts due upon demand by EnjoyTool.

7. G

   User's receipt of an Order confirmation does not signify EnjoyTool's acceptance of such Order. EnjoyTool reserves the right at any time after receipt of User's Order to accept or decline User's Order for any reason, or supply less than the quantity User ordered of any merchandise. User's Order will be deemed accepted by EnjoyTool only upon shipment of merchandise or performance of services that User has ordered.

Website Use

1. A

   Users who wish to order certain merchandise or services using this Website may be required to register on this Website by completing and executing a Registration Agreement. EnjoyTool may accept or reject any Registration Agreement in its sole discretion. User represents and warrants that the information provided when registering is accurate, complete and current as of the date submitted and that User will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Agreement. Although Users are not required to register, if User does not register, User will be required to accept these Terms each time User wishes to access this Website or place an Order. As part of the registration process, User will select a user name ("User Name") and a password ("Password") to access the User Name. User's User Name and Password are User's credentials to access this Website. User may not have a User Name that is vulgar, attempts to impersonate another person, or violates the rights of others. EnjoyTool also may reject any User Name that EnjoyTool determines in its discretion is unacceptable for use on this Website. User is solely responsible for all use of this Website under its User Name and Password and for maintaining the confidentiality of its User Names and Passwords and will (i) promptly notify EnjoyTool of any actual or suspected unauthorized use of this Website and (ii) ensure that User exits from User's account at the end of each session.

2. B

   EnjoyTool cannot and will not be liable for any loss or damage arising from User's failure to comply with User's obligations hereunder. EnjoyTool reserves the right to suspend or terminate any User Name or Password upon notice to User that it reasonably determines may have been used for an unauthorized purpose. EnjoyTool will not be liable for any damage, injury or other such loss that the User incurs by failing to maintain the confidentiality of the password or by otherwise failing to comply with these Terms.

3. C

   By establishing a User Name with EnjoyTool, and each time User submits an Order through this Website, User authorizes EnjoyTool to contact User at User's e-mail address. User may stop receiving EnjoyTool's marketing e-mails by sending an e-mail to EnjoyTool at INFO@ENJOY-TOOL.COM or follow the opt-out procedures set forth in such emails.

4. D

   User is solely responsible for maintaining the security of its Customer Number, User Name and Password. User may not disclose its Customer Number, User Name or Password to any third party (other than third parties authorized by the User to use the User's account) and is solely responsible for any use of or action taken under its User Name and Password on this Website. User is responsible for changing its User Name and Password if either is compromised. User agrees that EnjoyTool, in its sole discretion, may terminate User's Password or User Name or use of this Website for any reason, including, without limitation, for lack of use, or if EnjoyTool believes that User has violated or acted inconsistently with the letter or spirit of these Terms. User agrees that any termination of User's Password or User Name or use of this Website may be effected without prior notice and acknowledges and agrees that EnjoyTool may immediately deactivate or delete User's account and all related information and files and/or bar any further access to such information and files. Further, User agrees that EnjoyTool shall not be liable to User or any third party for any termination of User's access, as provided herein.

5. E

   EnjoyTool may, at its option, change the parameters for the Password used to access this Website without prior notice to User, and if EnjoyTool does so, User will be required to change the User Password the next time User accesses this Website. To prevent unauthorized access to User accounts and to prevent unauthorized use of this Website, User agrees to protect and keep confidential its Customer Number, User Name, Password, or other means of accessing User accounts via this Website. If User discloses User's Customer Numbers, User Name and/or Passwords to any person(s) or entity, User assumes all risks and losses associated with such disclosure. If User permits any other person(s) or entity to use this Website or to access or use User's Customer Numbers, User Name, Passwords, or other means to access User accounts, User is responsible for any transactions and activities performed from User accounts and for any use of User personal and account information by such person(s) or entity.

6. F

   User may use the records, documents and information obtained through this Website only as necessary to use this Website's services or to place an Order with EnjoyTool. Without limiting the foregoing or expanding any User rights hereunder, User agrees that it will not (A) republish, reproduce, sell, resell, distribute (through linking or framing or otherwise) or make any commercial use of this Website (other than the ordering of merchandise in accordance with these Terms and the Registration Agreement) or any of the information available through this Website; (B) make any use of any such information or the facilities of EnjoyTool that would allow an unauthorized third party to have access to or the benefits of this Website; (C) collect or use other users' e-mail addresses or other users' information, ratings or listings, or otherwise conduct any data extraction or data mining whatsoever.

7. G

   User agrees that, while using this Website, User will not: (A) transmit or post on this Website any message under a false name; (B) transmit or post on this Website any unlawful, libelous, defamatory, threatening, abusive, harassing or otherwise objectionable information of any kind; (C) transmit or post on this Website any record, document or information that discloses private or personal matters concerning any person; (D) transmit or post on this Website any record, document, information, file or software that contains a virus, worm, Trojan Horse or any other contaminating or destructive features; (E) transmit or post on this Website any record, document, information, data, image or program that would violate the property rights of others; (F) interfere, in any way, with other use of or access to this Website; (G) offer for sale or sell illegal merchandise; (H) modify, delete or alter any information or Order placed by or on behalf of any other User.

8. H

   User agrees to comply with all applicable laws, statutes and regulations regarding use of this Website, including ordering and/or purchasing merchandise. EnjoyTool may report fraudulent conduct to law enforcement authorities, and EnjoyTool will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

Confidentiality

1. A

   EnjoyTool holds the confidentiality of its Users in the highest regard and will take all commercially reasonable measures not to disclose information about User or User's communications to any other party, except when EnjoyTool believes, in good faith, that such action is reasonably necessary to: (i) comply with applicable law or with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; or (iv) protect the legitimate interests of EnjoyTool or others.

2. B

   Notwithstanding the foregoing, User agrees that any information or materials that User or individuals acting on User's behalf provide to EnjoyTool will not be considered confidential or proprietary. By providing any such information or materials to EnjoyTool, User grants to EnjoyTool an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials.

Privacy Policy

1. A

   Registration data, and certain other information about User, is subject to EnjoyTool's Privacy Policy. EnjoyTool does not sell, rent, or give personally identifiable information about Users to third parties, except as specified in these Terms or in its Privacy Policy.

2. B

   While EnjoyTool takes reasonable steps to safeguard and to prevent unauthorized access to Users' personal information, EnjoyTool cannot be responsible for the acts of those who gain unauthorized access, and EnjoyTool makes no warranty, express, implied, or otherwise, that EnjoyTool will prevent unauthorized access to Users' private information.

Website Content

1. A

   The information and materials posted on this Website by EnjoyTool or any other party may contain errors, omissions, or typographical errors or may be out of date. EnjoyTool may change, delete, or update any information or materials posted by EnjoyTool at any time, from time to time, without prior notice.

2. B

   User understands that certain merchandise, services and information advertised on or through this Website (other than merchandise, services and information clearly identified as being supplied directly by EnjoyTool) are provided by third parties that are not affiliated with or under the control of EnjoyTool.

3. C

   Links and references on this Website to other Internet websites operated by third parties, if any, including EnjoyTool's corporate partners, do not constitute sponsorship, endorsement, or approval by EnjoyTool of the content, policies, or practices of such linked or referenced websites.

4. D

   EnjoyTool is not liable for content that is provided by others. EnjoyTool cannot and does not screen the content provided by users of this Website. EnjoyTool reserves the right to monitor content on this Website and to remove content that EnjoyTool, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of applicable law.

Disclaimer of Warranty

Limitation on Liability

1. A

   UNDER NO CIRCUMSTANCES WILL ENJOYTOOL BE LIABLE TO USER OR ANY OTHER ENTITY OR PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR TORT, ARISING IN ANY WAY OUT OF OR IN ANY WAY RELATED TO ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THIS WEBSITE OR ANY OTHER INTERNET WEBSITE OR THE CONTENTS OF THIS WEBSITE, INCLUDING BUT NOT LIMITED TO LOST PROFITS, SALES, OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ENJOYTOOL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

2. B

   IF A DISPUTE ARISES BETWEEN TWO OR MORE USERS, OR BETWEEN A USER AND A THIRD-PARTY VENDOR, EACH USER RELEASES ENJOYTOOL (AND ITS AFFILIATES AND THEIR RESPECTIVE AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Trademarks and Copyrights

1. A

   Unless otherwise noted, the trademarks, logos, photography, brand names and service marks used on this Website are owned by EnjoyTool or by third parties that have licensed their use to EnjoyTool. User may print copies of the content of this Website, provided that these copies are made only for internal use, and that any notices contained in any such content, such as all copyright notices, trademark legends, or other proprietary rights notices, are maintained.

Indemnification

1. A

   User agrees to defend, indemnify and hold harmless EnjoyTool, its corporate affiliates and partners, and their affiliates and related entities and their respective directors, officers, shareholders, employees, and agents from and against all claims, losses, damages, liabilities and costs (including, but not limited to, reasonable attorneys' fees and court costs), arising out of or relating to User's breach of these Terms or User's access to or use of this Website.

Miscellaneous

1. A

   The terms "herein," "hereof" and "hereunder" and other words of similar import refer to these Terms, and any agreement into which these Terms are incorporated by reference, as a whole and not to any particular provision.

2. B

   These Terms, together with any agreement into which these Terms are incorporated by reference, constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter.

3. C

   These Terms may be waived only in writing signed by an authorized representative of EnjoyTool. No waiver by EnjoyTool of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

4. D

   If any provision hereunder shall be unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable from the other provisions hereunder and shall not affect the validity and enforceability of any other provisions hereunder.

5. E

   EnjoyTool shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control, including, but not limited to, acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lockouts, fire, flood or any other act of God.

6. F

   User's agreement to these Terms shall be governed by and construed in accordance with the laws of the State of North Dakota, without regard to its conflicts or choice of laws principles. In any dispute arising hereunder, the parties hereto consent exclusively to personal jurisdiction in the United States District Court of North Dakota, or if that court lacks subject matter jurisdiction, in the courts of the State of North Dakota, County of Grand Forks.

7. G

   These Terms shall be binding on the successors and assigns of the parties, but User may not assign, transfer or delegate its rights or obligations under these Terms without EnjoyTool's prior express written consent.

Policy for Return of Merchandise

1. A

   By placing an Order on this Website, User indicates that User has read and agrees to EnjoyTool's Returns Policy. The Returns Policy may be changed from time to time and is effective immediately after EnjoyTool posts the changes on this Website.

Contacts