The Black & Decker Corporation and its subsidiaries and affiliated companies,
including DEWALT (collectively and alternatively, “DEWALT” or the “Black &
Decker family”), own, operate and/or control a global network of websites and
web pages, including www.dewalt.com, (collectively the “Sites”). These Sites are
provided to visitors and users of the Sites (collectively, “You” or “Your”) only
Your use of any of the Sites constitutes Your acceptance and agreement to all
these terms and conditions. Additional terms and conditions may apply to
purchases of goods or services and to specific portions or features of the Sites
(such as sweepstakes or public forums), all of which are incorporated into these
specific features or portions of the particular Sites. If these additional terms
accessing, registering on or otherwise using any of the Sites, You
You are free to browse the Sites to learn more about DEWALT
and the Black & Decker family of products. You may also view product catalogs,
register Your warranty, submit questions with respect to product use and
availability, interact with other DEWALT customers in connection with your
construction projects and participate in any contests, promotions, surveys,
blogs, communities or other services (although many of these activities require
that You register). The Sites and all material posted on the Sites or otherwise
approved by DEWALT (collectively, “Licensed Content”) may be used for the sole
and print portions of the Licensed Content for Your own internal use but not for
resale or other commercial exploitation and not for use other than as provided
written approval is strictly prohibited.
Product, Safety and Other Technical Information
While DEWALT uses commercially reasonable efforts to provide accurate
information, the industry of which DEWALT is a part and the laws and regulations
applicable to that industry do change. Therefore information contained on the
Sites may not be current, accurate or complete. Because many factors go into the
decision-making process of purchasing a given product and everyone’s particular
circumstances and needs may differ, the Licensed Content is provided for
informational purposes only. DEWALT cannot ensure or guarantee and does not
warrant that Your product selection will be accurate, meet Your (or, if
applicable, Your customer’s) particular needs or requirements or that the
recommendations, regulations or other information provided by DEWALT experts or
other Sites users is complete, accurate or current. Please read and follow all
instructions contained in product manuals. Each claim or statement made by
DEWALT about the effectiveness of DEWALT products and/or comparing the
effectiveness of DEWALT products to that of others and all use of the Sites is
expressly limited to the United States unless otherwise stated on the Sites. If
a product offered by DEWALT purchased through the Sites is not as described,
Your sole remedy is to return it in its original, unused form and receive either
a replacement of the product You purchased, a refund of the price You actually
paid or other remedy provided pursuant to the manufacturer’s warranty. Please
address all product complaints as provided in the manufacturer’s warranty and
other materials provided on purchase. Do not make product complaints through the
Sites. Product description and pricing is subject to correction and change.
DEWALT may refuse or cancel product orders placed at an incorrect price, or
based upon erroneous promotion terms, whether or not the order has been
confirmed. DEWALT’s obligations, if any, with respect to its products and
services are governed solely by the specific agreement through which they were
provided. Sales made through the Sites, if any, are governed by DEWALT’s
Standard Terms and Conditions of Sale and/or Invoice-Terms and Conditions.
WARNING: Some of the information and advice on the Sites
may be provided by third party contributors who are not affiliated with DEWALT.
DEWALT makes no representation as to the truth, thoroughness,
or accuracy of such information or advice. In all operations and uses related to
power tools and their accessories and other matters discussed on the Sites, You
must read, understand, and adhere to the safety warnings and instructions pertaining
to such products and accessories as well as other regulations and standards applicable
to the nature and environment of ownership, maintenance, or use. Additionally, in
all cases, power tool users should wear all recommended personal protective equipment.
3. Privacy and Data Security
DEWALT values its relationship with visitors and
customers and uses commercially available technology to safeguard any personal
information collected through the Sites. Nevertheless, the internet is an open
medium and no data transmission through the internet is completely secure. You
transmit Your personal information at Your own risk. DEWALT does not guaranty or
warranty the security of information You transmit. Once received, Your personal
information is stored in the United States. DEWALT takes various precautions to
safeguard Your personal information against loss, theft and misuse as well as
unauthorized access, disclosure, alteration and destruction. For example, the
Sites use Secure Sockets layer (SSL) encryption on all web pages where personal
information is required. It is Your responsibility to preserve the
confidentiality of and not share Your user ID and password. It is also Your
responsibility to notify DEWALT immediately when You need to terminate an
individual’s access. You are responsible for the actions of each individual to
whom You have given access.
Information Collected: In general, You may visit the
Sites without telling DEWALT who You are or revealing personal information about
Yourself. However, DEWALT, its business partners and other companies providing
services to or on behalf of DEWALT (such as, for example, companies assisting
with the operation or features of the Sites, advertising and promotional
campaigns, surveys, contests and the like) may use various technologies (such as
cookies, web beacons, pixel tags, click-through URL links) to collect
non-personally identifiable information discernable as a result of Your visit.
This may include, without limitation, Your IP address, web pages requested or
viewed, date, time and domain type, demographic information and responses to
surveys, promotions and advertisements. Information gleaned from Your browser is
automatically received and recorded on server logs. As technology evolves,
information may be gathered through other means as well. You may set Your
browser either to notify You when You receive a cookie or to refuse to accept
cookies. However, if you do so You may not be able to participate in certain of
the Sites’ features.
Information that personally identifies You, such as Your
name, address, e-mail address, telephone number as well as demographic data
specific to You may also be collected from a variety of sources. You may provide
personally identifiable information directly, it may be gleaned through the
Sites or collected from other sources. For example, when You register on the
Sites, You create a personal profile – providing Your name, telephone number,
email address and in some cases Your mailing address or credit card information
– and choose a password for security. The Sites save Your information so that
the next time You place an order or register a product, You only need to enter
Your unique ID and password. You cannot communicate with DEWALT through the
“FindAnswers or ContactUs” or other service or customer support links on the
Sites or via e-mail without providing personally identifiable information. If
You contact DEWALT or its service providers, a record of that session or
correspondence will be maintained. Personally identifiable information is
collected and stored when You register product warranties, order parts, check
repair status, become a member of the Sites, access the “Pro’s Page,”
participate in owner’s clubs and public forums such as “Ratings and Review” and
other blogs, chat rooms, news groups or bulletin boards, request DEWALT Racing
information, literature and/or product information. If you use a bulletin board,
chat room or other interactive public areas of any of the Sites, any information
You share is visible to other users. Personally identifiable information You
submit to one of these forums can be read, collected or used by other
individuals to send You unsolicited messages. DEWALT is not responsible for
personally identifiable information You choose to submit in these forums. If You
do choose to make otherwise non-public information available by enabling certain
user features, DEWALT will collect that information from Your interaction and
the information will become publicly available.
Information Use/Sharing: DEWALT
will not trade, sell or share Your personal information with third party
marketers without Your consent unless required by law or as disclosed to You as
use any information gained through the Sites for any legal purpose. If You
access the Sites outside the United States, Your connection is through and to
servers located in the United States. Any personal information You provide will
be processed and maintained in the United States on DEWALT’s Sites’ servers
and/or other network systems operated by or for DEWALT’s benefit. If You access
the Sites and/or reside outside of the United States, Your information may be
stored, transmitted and shared in accordance with U.S. data privacy laws which
may not be equivalent to those in effect in Your country. DEWALT uses personal
information You provide in a number of ways. When You register, You create a
member profile that enables You to choose to interact with DEWALT in a variety
of ways, including receiving emails and text messages. You may, at any time,
limit Your interactions, for example, by updating Your member profile to stop
receiving DEWALT Racing updates. Please note that You may continue to receive
messages for a short time until DEWALT’s records are updated. Personal
information is required to fulfill Your requests for products, literature or
other information, to provide product support, product research, answer
questions, correct problems with the Sites, to notify You of new or improved
products or product uses, to enlist Your participation in email campaigns,
surveys, promotions, sweepstakes or contests, to customize Licensed Content,
improve customer support services, or conduct research, advertising, marketing
and promotional campaigns, to provide anonymous reporting for internal use and
to third parties. Information collected from any source may be combined to
improve products and services and enable more targeted, tailored communications.
It may also be aggregated and made available without identifying You to
ascertain trends, products, security/privacy patterns and research, internal
record keeping and reporting, measuring and reporting learning, performance and
other statistical information concerning any aspect of the Sites.
Many companies within the Black & Decker family manufacture and sell consumer and commercial
products. Unless not permitted by law, all companies within the Black & Decker
family, including its world-wide affiliates, share information collected through
the Sites and may contact You directly. DEWALT may also share Your information
with businesses that offer products that it believes may be of interest to You
as well as those providing services to DEWALT. These businesses may then contact
You directly with product or sample offers that may be of interest to You,
personalized offers and information or to ask for Your feedback on products and
If DEWALT or its parent company were to merge with or be acquired by another
company or if it were to cease operations, Your information may be transferred
to the surviving or acquiring company and will then be subject to that company’s
may be disclosed if there is reason to believe that disclosure is necessary to identify,
contact or bring legal action to enforce any legal rights, including against You or a
third party, for nonpayment, violation of any agreement, and to prevent injury to or
interference with DEWALT’s rights or property, the rights or property of users of
other Sites or anyone else that could be harmed by such activities. DEWALT may
disclose or access account information when it believes, in good faith, that
disclosure is required by law, for administrative and other purposes deemed
necessary to maintain, service and improve DEWALT products and services and to
protect its rights or property. By accessing and using the Sites, You agree
that information You have provided may be used and disclosed as described
To Update Your Information/Unsubscribe: You have choices as to how DEWALT will
communicate with You. The Sites allow You to choose to receive, or stop receiving communications from DEWALT.
You may update Your information or stop receiving promotional email or postal communications.
Please click here to learn how to complete Your request.
Notice to California residents about your California privacy rights: In addition to the other rights described
in this policy, if You are a customer residing in California, You have the right to request
information regarding the third parties with whom DEWALT has shared customer personal information
for direct marketing purposes during the past year. You have the right to submit a request to
DEWALT at its designated address and receive the following information within 30 days of its
receipt of that request: (1) the types of personal information disclosed to third parties during
the immediately preceding calendar year, (2) the names and addresses of third parties that
received the personal information, and (3) if the nature of a third party’s business cannot be
reasonably determined from the third party’s name, examples of its products or services. You are
entitled to receive a copy of this information in a standardized format. Information provided
will not be specific to you individually. All such requests must be in writing and sent to
DEWALT’s designated address set forth in Section 14.
4. User Conduct
In general, DEWALT expects visitors to interact with DEWALT and other users of the Sites in a courteous manner and in compliance with all laws. Vandalism, obscene or abusive language, harassment, threats, or abuse of any nature or form on the Sites, including via e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting Your affiliation with DEWALT or another is prohibited. You may not upload to, distribute or otherwise publish through the Sites any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringes upon another’s proprietary rights is invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability.
You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of
anything transmitted through the Sites, disclose proprietary or confidential information or otherwise
infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”).
You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to
the Sites, use the Sites to solicit others, advertise or promote anything. Framing, in-line linking or
other means of associating the Sites, Marks or Licensed Content with another or with any material, link
or information not originating with DEWALT is expressly prohibited.
You may not probe, scan or test the vulnerability of the Sites or any networks. You many not use any “deep-link,”
“page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology, or any similar or
equivalent manual process to access, acquire, copy or monitor any portion of the Sites or Licensed Content.
You may not reproduce or circumvent the navigational structure or presentation of the Sites or any Licensed
Content, circumvent the security features or attempt to access any materials or information through any means
not purposely made available by DEWALT through the Sites. Any attempt to interfere
with or disrupt the Sites, its servers, networks, Software, equipment or database connected to the Sites,
whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile
any Software, trace the information of any other user or visitor, circumvent security features such as
passwords, or take any action that compromises the privacy or security of the Sites, users or other visitors
is strictly prohibited.
Certain more interactive portions of the Sites, such as Ratings and Review, Testimonials,
blogs and other social media forums require special mention. DEWALT
insists that all statements made about it and its products be accurate, not misleading
and not contain unsubstantiated statements. DEWALT
adheres to and requires that its employees, service providers and others endorsing
or otherwise acting on behalf of a Black & Decker family brand on a blog or other
public forum all adhere to Federal Trade Commission (FTC) rules and guidelines governing
endorsements and testimonials. The FTC requires that endorsers disclose a material
connection with an advertiser, his/her affiliation with DEWALT
and if incentives, free products or gifts or other compensation was received from
DEWALT. Because Your opinions may be considered an
“endorsement” and You an “endorser” under the FTC’s revised Endorsement and Testimonial
Guide, it is important that You fully and completely understand what the FTC requires.
You are responsible for complying with FTC requirements. For example, as an endorser,
the FTC requires that You (i) let readers know if You received any free products
or any other item of value from DEWALT or if another
material connection exists, and (ii) ensure that Your statements about and reviews
of DEWALT products reflect Your honest opinions, beliefs
and findings. If You wish to learn more, You may access the most recent revisions
to the FTC’s Endorsement and Testimonial Guides at http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf.
If you suspect a blogger is not making the proper disclosures please click here.
Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions or enhancements, as well
as anything embedded therein, material, information or other communication You transmit, upload or post to the
Sites, generally and through the public forums, or email to DEWALT (collectively, “Communications”) are
non-confidential and nonproprietary and become the property of DEWALT. DEWALT has no obligation to preserve the
confidentiality of or refrain from disclosing any Communications. You recognize and acknowledge that Your
submission of any suggestions, ideas, images, sounds, enhancements, data or other material is done on a n
on-confidential, non-proprietary basis, without expectation of compensation or attribution of any sort.
DEWALT has no liability for and will be free to copy, disclose, distribute, incorporate and otherwise use all
or any part of any Communications for any and all commercial or noncommercial purposes in any medium whatsoever
and without additional consent or approval from You. Please exercise caution and discretion in disclosing
personal information through, including uploading photos to, any public forums.
You are solely responsible for Your Communications and Your activities on the Sites. Although DEWALT will not,
and has no obligation to, monitor Your Communications, it has the right not to post or publish Licensed Content
and/or Your Communications and to delete, remove or edit any Licensed Content and or Communications at any time
in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will
DEWALT or its affiliates be liable in any way for any Communications, Your or another’s use of the Sites or any
Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or
damage of any kind incurred as a result of the use of any Licensed Content via the Sites. Product performance,
capability or other claims made through public, interactive areas provided on the Sites have not undergone review,
testing, or research by DEWALT to substantiate such claims. DEWALT cautions You not to use products for any
purpose or in any manner other than as expressly set forth in the manufacturer’s warranty and product user manual.
6. Access by Children
DEWALT recognizes that parents or other adults often purchase products for family use, including use by minors.
However, DEWALT does not target or market to, and the Sites are not intended for use by, children under age 13.
DEWALT does not knowingly and will not intentionally contact or request personal information from children under
the age of 13 for marketing purposes. DEWALT will not contact children under age 13 about promotions, for
marketing or any other purpose without a parent’s permission, nor will it ask for more personal information than
is reasonably necessary to participate in a given activity. If DEWALT learns that a child under 13 has submitted
its personal information, it will attempt to delete the information as soon as possible or seek parental consent.
Upon receipt of parental consent, children under the age of 13 may access family accounts. However, the Sites
does not filter ads or other material children may view through the Sites or linked sites, some of which may be
inappropriate for children.
You agree to indemnify, defend, release and hold DEWALT, its officers, directors, suppliers, service providers,
co-branders or other partners, agents and employees, and those of its affiliates, harmless from all claims,
demand, damages, fees and costs of any nature, including reasonable fees of attorneys and other professionals,
due to or arising out of anything You submit, transmit through or upload to the Sites, Your use of the Sites,
Sale and/or Invoice Terms and Conditions, or Your violation of any Rights. In the event You provide registration
or other information that is untrue, inaccurate, fraudulent, or out of date, You agree to indemnify DEWALT for
and hold it harmless from and against any and all liability, damages, loss or expense (including reasonable fees
of attorneys and other professionals) it may incur, including but not limited to loss of business profits, taxes,
penalties or sanctions, interest, fees, costs and expenses of any nature arising from or related to any claim,
demand, action or proceeding alleged or initiated against DEWALT by any third party based upon the information
You provide or Your use of the Sites.
From time to time DEWALT may change the Licensed Content, the products and services offered, disable certain
features of the Sites or expand the Sites’ capability. DEWALT also reserves the right at any time and from
temporarily or permanently, the Sites (or any part thereof) with or without notice. DEWALT will post notice of
any modifications on its home page and on the home page of the secure portions of the Sites when You log in.
You will be bound by the modifications if You use the Sites after being given notice. You should also regularly
DEWALT, in its sole discretion, may suspend or terminate Your access, registration/membership or use for any reason,
DEWALT may also, in its sole discretion and at any time, discontinue providing the Sites, or any part thereof, with or without notice.
DEWALT may suspend, terminate and/or bar further access to the Sites at any time without prior notice to You.
DEWALT shall not be liable to You or any third party for any suspension or termination of Your access to or use of the Sites.
The Sites may contain links to other internet websites or resources. When You link to those sites, You leave the
Sites. DEWALT has no control over such sites, their content and resources or the business practices or policies
any companies or individuals operating the linked sites. Please use caution and review the privacy policies of
any sites that You visit to learn more about their information-gathering practices. DEWALT expressly disclaims
all responsibility or liability for the availability or accuracy of such external sites or resources or the
content thereon, does not endorse and is not responsible or liable for any advertising, products or other
materials on or available from such sites or resources. The inclusion of any link on the Sites does not imply
that DEWALT endorses the linked site. Your use of any links is at Your own risk. You further acknowledge and
agree that DEWALT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with Your use of or reliance on any goods, services or materials
available on or through any such link, site or resource.
11. DEWALT’s Proprietary Rights
Everything You see or read on the Sites, including the expression, coordination, selection, arrangement,
collection, compilation, assembly and arrangement of the Sites and Licensed Content, is protected by all
United States and international copyright and trademark laws, and may not be used except as provided in these
technology used in connection with the Sites (“Software”), the collection, compilation, assembly and arrangement
of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found
on the Sites, regardless of source, all Marks and other intellectual property relating thereto and all information
and data collected through the Sites (all of which are included in and as the “Licensed Content”), is owned by
The Black & Decker Corporation and/or its subsidiaries, affiliates or other designee, its suppliers or partners,
is used under license granted to DEWALT and contains proprietary and confidential information that is protected
by all applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, product
and service marks, individually or combined with one another (collectively the “Marks”) and whether or not
registered, are owned by and/or proprietary to The Black & Decker Corporation and/or its subsidiaries, affiliates
or other designees, or other third party owners who have granted DEWALT the right and license to use its marks
(“Third Party Marks”). You may not use or display the Marks or Third Party Marks in any manner without the
prior written consent of the applicable owner. This includes use of the Sites address or Marks in page text,
Other product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade
dress of The Black & Decker Corporation and/or its subsidiaries, affiliates or other designees and may not be
used in connection with any other product or service in any manner, but especially not in a manner that is
likely to cause confusion in the marketplace or in any matter that disparages or discredits DEWALT or its
affiliated companies. DEWALT may use any such material in any manner for any reason without Your consent,
fee or obligation to account to You in any way, and, unless You and DEWALT agree otherwise in writing,
DEWALT is and shall be the sole and exclusive owner.
12. Notices and Procedures for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement
should be sent to DEWALT.
DEWALT respects the intellectual property of others, and asks its users and visitors to do the same.
DEWALT will process and investigate notices of alleged infringement and will take appropriate actions
under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws.
Upon receipt of notices complying with the DMCA, DEWALT will act to remove or disable access to any material
found to be infringing or found to be the subject of infringing activity and will act to remove or disable
access to any reference or link to material or activity that is found to be infringing.
If You believe that Your work has been copied in any way that constitutes copyright infringement, please provide
all of the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work that You claim has been infringed;
- a description of the material that You claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable DEWALT to locate the material on the Sites;
- Your name, address, telephone number, email address and all other information reasonably sufficient to enable DEWALT to contact You;
- a statement by You that You have a good faith belief that use of the material as described by You is not authorized by the copyright owner, its agent, or the law;
- a statement by You, made under penalty of perjury, that the information in Your notification is accurate and that You are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of copyright infringement should be directed to:
By mail: DEWALT
701 East Joppa Road
Towson, Maryland 21286
Attn: DEWALT Webmaster
By Email: webmaster@DEWALT .com
(Please include “Notice of Infringement” in the subject line.)
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DEWALT THAT
YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND
REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
13. DISCLAIMERS AND LIMITATIONS OF LIABILITY
DEWALT DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES OR LICENSED CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SITES AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE” BASIS. DEWALT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM
MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.
- DEWALT MAKES NO WARRANTY (i) THAT THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS
TO THE SITES WILL BE UNINTERRUPTED OR TIMELY, THAT THEY ARE SECURE, OR THAT LICENSED CONTENT IS
ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED,
(iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (v) THAT THE
QUALITY OF ANY PRODUCTS, THE SITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SITES WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS, OR (vi) THAT PRODUCTS WILL
BE PROPERLY DELIVERED IN PROPER AMOUNTS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DEWALT OR THROUGH OR
PURSUANT TO YOUR PURCHASE OF DEWALT PRODUCTS.
- DEWALT IS NOT LIABLE FOR ANY PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITES OR PROVIDED
WITH THE PRODUCT PACKAGING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DEWALT SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEWALT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION,
PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR
USE OF THE SITES. IN ANY CASE, DEWALT’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS
PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND
WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING
ANY CLAIMS YOU MAY HAVE AGAINST DEWALT WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
You generally on the Sites. Notice or other correspondence to DEWALT should be sent
prepaid, by certified mail, return receipt requested or overnight commercial courier to:
701 East Joppa Road
Towson, Maryland 21286
Attn: DEWALT Webmaster
15. Specific Trademark Information
The word DEWALT, the yellow and black color scheme, the “D” shaped air intake grill, the array of pyramids on the
handgrips, the kit box configuration and the array of lozenge-shaped humps on the surface of the tools, the
slogan “Yes it Fits,” “Guaranteed Tough,” “Solid Rock Carbide,” “XRP,” and all logos, individually and/or as may
be combined with one another, are proprietary trademarks of The Black & Decker Corporation and/or its subsidiaries,
affiliates or designees. This list is not exhaustive and the absence of a Mark from this list should not be
viewed as a waiver by the owner of any of its rights concerning that Mark.
16. General Information
DEWALT administers and operates the following Sites from its location in Towson, Maryland USA: www.dewalt.com,
www.bdk.com, www.blackanddecker.com, www.100yrs.bdk.com. Other Sites may be administered and operated from
various locations outside the United States. Although Sites may be accessible worldwide, not all features,
products or services discussed, referenced, provided or offered through or on any of the Sites are available
to all persons or in all geographic locations, or are appropriate or available for use in Your jurisdiction.
DEWALT reserves the right to limit the provision and quantity of any feature, product or service to any person
or geographic area in its sole discretion. Any offer for any feature, product or service made on any of the
constitute the entire agreement between You and DEWALT with regard to and shall govern all purchases.
Your activities and use of the Sites supersede any prior agreements between You and DEWALT. You also may
be subject to additional terms and conditions contained in invoices, purchase orders, terms and conditions
of purchase/sale, shipping manifests, bills of lading or terms and contracts that may apply when You use
and any other agreement with and the relationship between You and DEWALT shall be governed by the laws of
the State of Maryland without regard to choice of law provisions, nor shall the 1980 United Nations
Convention on Contracts for the International Sale of Goods apply. You and DEWALT agree to submit to
the personal and exclusive jurisdiction of the pertinent state or federal courts located within or
with jurisdiction over the City of Baltimore, State of Maryland, regardless of the fact that the Sites
is accessible outside the United States. Notwithstanding the foregoing, DEWALT may seek equitable
relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent
or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property
court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions
law to the contrary, You must file any claim or cause of action arising out of or related to Your
no legal or contractual effect.