The following terms
and conditions apply to the use of world wide web sites owned, operated or
controlled by The Stanley Works or any of its affiliates (“Stanley Sites”),
including Stanley-Senior Technologies .
PLEASE READ CAREFULLY
By
accessing, browsing and/or using the pages in any Site owned, operated or
controlled by The Stanley Works or any of its Affiliates, including this Site,
you agree to the terms and conditions set forth here. If you do not agree, you
should not use Stanley Sites. If you are currently a party to a separate,
written agreement with The Stanley Works or any of its Affiliates that has terms
that are inconsistent with these Terms and Conditions of Use, the terms of that
Agreement will apply to matters that are within the scope of the
Agreement.
ELECTRONIC COMMUNICATIONS
When you visit Stanley Sites
or send e-mails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate with you
by e-mail or by posting notices on Stanley Sites. You agree that all agreements,
notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications be in
writing.
COPYRIGHT
All content included on Stanley Sites, such as
text, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations, and software is the property of The Stanley Works, its
Affiliates, or their content suppliers and is protected by United States and
international copyright laws. The compilation of all content on Stanley Sites is
the exclusive property of The Stanley Works (or the Affiliate identified in any
copyright notice on the site) and is protected by United States and
international copyright laws.
USE
Viewing a Stanley Site creates a
copy of Stanley materials in your computer's random access memory and/or in your
hard drive and/or in your proxy server. You are hereby permitted to view this
site and to print pages for your own personal, noncommercial use, provided that
you do not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer or sell any
information, material, software, printouts or services from the Stanley Site.
Any product, process or technology described in these materials may be the
subject of other intellectual property rights reserved by The Stanley Works or
any of its affiliates and are not licensed to you hereunder. The materials
published on Stanley Sites may not be copied, distributed, republished,
uploaded, posted or transmitted in any way without the prior written consent of
The Stanley Works or its appropriate Affiliate.
TRADEMARKS
The
trademarks, service marks and logos (the 'Trademarks') used and displayed on
Stanley Sites are registered and unregistered Trademarks of The Stanley Works,
its Affiliates and others. Nothing on any Stanley Site should be construed as
granting, by implication, estoppel or otherwise, any license or right to use any
Trademark displayed on the site without the prior written consent of the
Trademark owner. Arial, the Catch-All design, Senior Technologies, TABS, TIM,
WanderGuard, the WanderGuard design, and Autism Ally are some of the registered
and unregistered trademarks owned by The Stanley Works and/or its Affiliates
("Stanley Trademarks"). Stanley Trademarks may not be used in connection with
any product or service that is not manufactured by or under license from The
Stanley Works or its appropriate Affiliate.
LINKS
Stanley Sites
may include links to other sites that contain information created, published,
maintained or otherwise posted by organizations independent of The Stanley Works
and its Affiliates. Stanley provides these links only as a convenience, and does
not endorse, approve, certify, maintain or control these external sites and does
not guarantee the accuracy, completeness, efficacy, timeliness or correct
sequencing of information located at such sites. If you decide to access any of
the third party sites linked to this site, you do so at your own risk. Stanley
reserves the right to remove these links at any time and without
notice.
Other parties may provide links to Stanley Sites. Stanley does
not require third parties to obtain Stanley's consent prior to linking to
Stanley Sites. Such links may not, however, include frames or other features
that distort, mischaracterize or misrepresent the source or ownership of
materials on Stanley Sites or disparage or are otherwise detrimental to Stanley.
Stanley assumes no responsibility for the content of sites that include links to
Stanley Sites, and makes no warranties or representations whatsoever with
respect to such sites. No materials may be posted on Stanley Sites without the
express written permission of Stanley.
PRODUCTS AND PRICING
All
products sold through Stanley Sites are subject to the then existing Terms and
Conditions of Sale of the division or Affiliate responsible for sales of such
products. Links to these Terms and Conditions can be found on the Home Pages of
the relevant Stanley Sites. Terms and Conditions of Sale, product prices,
configurations and availability are subject to change at any time by
Stanley.
DISCLAIMER
THE MATERIAL IN STANLEY SITES MAY INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. STANLEY MAY MAKE CHANGES OR
IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED
'AS IS' AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR
IMPLIED. STANLEY DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. STANLEY DOES NOT WARRANT THE
AVAILABILITY OF STANLEY SITES, THAT STANLEY SITES AND YOUR USE OF STANLEY SITES
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
STANLEY SITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES,
WORMS, OR OTHER HARMFUL COMPONENTS. STANLEY DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF STANLEY SITES
AND/OR THE MATERIALS IN STANLEY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY, APPLICATBILITY OR OTHERWISE. STANLEY DISCLAIMS ANY
LIABILITY UNDER ANY THEORY WHETHER OR NOT ARISING OUT OF THE NEGLIGENCE OF
STANLEY OR ITS AFFILIATES AND THE USE OF ANY INFORMATION PROVIDED HEREIN. UNDER
NO CIRCUMSTANCES SHALL STANLEY OR ITS AFFILIATES BE LIABLE UNDER TORT, WARRANTY,
OR ANY OTHER THEORY FOR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES ARISING IN
ANY WAY OUT OF THE INFORMATION PROVIDED IN THIS SITE. YOU (AND NOT STANLEY)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE
ABOVE RESTRICTION MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT
LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES.
APPLICABLE
LAW
By visiting this site, you agree that the laws of the State of
Nebraska, United States of America, without regard to conflict of law principals
that would dictate selection of another jurisdiction's laws, will apply to these
Terms and Conditions of Use and any dispute of any sort that may arise between
you and Stanley.
DISPUTES
Any dispute between you and Stanley
concerning a Stanley Site or the materials located at a Stanley site shall be
submitted to final and binding arbitration as the sole and exclusive remedy for
such controversy or dispute, provided, however, that Stanley may commence action
against you in a court of law for infringement of Stanley's intellectual
property rights. Any claim required to be submitted to arbitration shall be made
by filing a demand for arbitration within one (1) year following the occurrence
first giving rise to the claim. The right and duty of the parties to resolve
disputes by arbitration shall be governed exclusively by the United States
Federal Arbitration Act and will take place according to the Commercial Rules of
the American Arbitration Association. The arbitration will be held in Lincoln,
Nebraska. 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 the terms of this
Agreement or to award punitive or exemplary damages, and the award may be
enforced by judgment in a United States Court of Law.
MODIFICATION TO
TERMS AND CONDITIONS
Stanley can revise the Terms and Conditions at any
time by modifying or updating this posting. Your use of a Stanley Site on or
after the effective date of any such modification or update will constitute your
acceptance of these Terms and Conditions as modified and/or
updated.
SEVERABILITY
If any of these terms and conditions is
deemed invalid, void or unenforceable for any reason, that provision shall be
deemed severable and shall not affect the validity and enforceability of the
remaining terms and conditions.
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