Online terms and conditions
In these terms and conditions “we” and “us” and “KRESS” means Positec Tool Corporation, its subsidiaries Positec USA, Inc. and RW Direct, Inc., and its related affiliated companies. “You” means you as the user of this Website or as a customer of KRESS. By visiting this website or placing an order through this website (“Website”), you agree to the terms set forth below along with KRESS’s Privacy Policy. These Terms together with your Order Confirmation constitute the contract between us and you for your purchase of our products. No other terms and conditions shall apply. The contract cannot be changed unless KRESS agrees to change it in writing or by email.
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS WEBSITE IS TO CEASE USING THE WEBSITE. THESE TERMS ARE EFFECTIVE IMMEDIATELY.
Passwords and Security
If you register for an account on the Website, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. KRESS employees will never ask you for your password. The information we obtain through your use of this Website, including your registration information, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms. You also agree to ensure that you sign out of your account at the end of each session on the Website. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time (in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms).
Limitations of Liability, Disclaimers, & Indemnification
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Website shall be limited to
the amount you paid us for products purchased on the Website during the 12-month period before the act giving rise to the liability. You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
IN NO EVENT SHALL KRESS OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHERMORE, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY ASSISTANCE (SUCH AS CREDIT CARD PROCESSORS) IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS WEBSITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE.
KRESS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Mobile Terms & Conditions
KRESS offers its customers mobile alerts for possible product alerts, marketing, promotions, and reminders for order and shipping updates by SMS message (the “SMS Service”). By participating in the SMS Service, you are agreeing to these Terms and to the KRESS Privacy Policy.
Signing Up and Opting-In to the Service
Enrollment in the SMS Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the SMS Service will start, you will need to agree to these Terms. KRESS reserves the right to stop offering the SMS Service at any time with or without notice.
Content You May Receive
Once you affirm your choice to opt-in to the SMS Service, your message frequency may vary. You may receive an alert when instances occur such as:
- You are welcomed into the SMS Service
- New Product alerts or promotions
- An order has been placed
- An order has been delivered
- An item or items has shipped
Charges and Carriers
Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone’s pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the SMS Service.
Supported carriers include AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The SMS Service may not be available on all wireless carriers. KRESS may add or remove any wireless carrier from the Service at any time without notice. KRESS and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.
