Terms of Use

Effective Date: [08/20/2023]

TERMS OF USE

These terms of use (“Terms of Use”) govern your use of the websites (including https://festoolsharpen.ca) and mobile applications (collectively, the “Sites”) and all services (rendered online or otherwise) associated with the Festool Sharpening service provided by Festool Canada Inc. and/or its affiliates (“Festool,” “we,” “us” or “our”). The Sites and all Festool Sharpening services will be referred to, collectively, in these Terms of Use as the “Service.” Please carefully review these Terms of Use and the associated privacy policy (the “Privacy Policy”), accessible here, which is incorporated by reference into these Terms of Use, before using the Service. By accessing or using the Service in any manner (other than solely for the purpose of reviewing these Terms of Use), you expressly represent that you (i) have reached the legal age of majority in your jurisdiction of residence (whichever is greater), (ii) are legally competent to enter this agreement, and (iii) agree to follow these Terms of Use and to be bound by them. If you are using the Service and entering into this agreement on behalf of a business, you represent and warrant that you have the legal authority to act on behalf of the business and agree to these Terms of Use on its behalf. For business users, unless context requires otherwise, any references to “you,” the “user,” or the “customer” in these Terms of Use refer to both you, individually, and the business on behalf of which you are acting

 

IF YOU DO NOT AGREE TO THESE TERMS OF USE OR TO THE COLLECTION, USE, DISCLOSURE OR OTHER HANDLING OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH OUR PRIVACY POLICY, IN WHOLE OR IN PART, YOU MAY NOT USE THE SERVICE.

 

Certain areas, features, or functionalities of the Service may be subject to different or additional terms, rules, guidelines, or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Terms may conflict with these Terms of Use. In the event of such a conflict, the Additional Terms will take precedence. Any reference to the “Terms of Use” in this agreement includes the Additional Terms.

 

IMPORTANT ARBITRATION NOTICE: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. PLEASE CAREFULLY REVIEW THE SECTION “DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE” BELOW.

 

About the Service

 

Through the Service, we facilitate blade sharpening services for owners of Festool power-saws. To utilize the Service, you must first visit the Sites and place an order for blade sharpening services (an “Order”), which will require certain information from you, including payment information, information on your Festool blade, and the type of service you would are seeking.

 

When your Order has been confirmed and processed by Festool, a shipping label will be generated by our third-party partner, Popout, Inc. d/b/a Shippo (“Shippo”) and sent to you via email. Using that shipping label, you must then ship your blade to our third-party blade sharpening partner, Aiguisatech Inc. (“Aiguisatech”). Aigusatech will perform the blade sharpening service designated in your Order and, when complete, will ship the blade back to you.

 

IMPORTANT SAFETY NOTICE: USING THE SERVICE INVOLVES HANDLING POWER-SAW BLADES. FESTOOL ENCOURAGES ALL USERS TO EXERCISE EXTREME CAUTION WHEN HANDLING POWER-SAW BLADES AND OTHERWISE USING THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT THERE IS A CERTAIN AMOUNT OF INHERENT RISK INVOLVED IN YOUR USE OF THE SERVICE AND YOU knowingly and voluntarily accept and assume responsibility for ALL SUCH RISK. YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE FESTOOL FOR ANY INJURY TO YOURSELF OR OTHERS ARISING IN ANY WAY FROM YOUR USE OF THE SERVICE.

 

Acceptance and Modification of these Terms of Use

 

As stated above, by using the Service, you are expressing your agreement to these Terms of Use. Any other terms and conditions presented to Festool by you will be without force and effect unless Festool agrees to such other terms and conditions in writing.

 

These Terms of Use may change at any time and Festool reserves the right to modify or update them at any time without prior notice. When we do so, we will update the “Effective Date” above. In our sole discretion, we may also provide notice of updates to these Terms of Use by other means that we deem reasonable, such as an email to users in our records or a notice on the Service. Regardless of any other notice provided to you (or the lack thereof), by continuing to use the Service after we post any revisions to these Terms of Use and update the “Effective Date,” you accept these Terms of Use, as modified. For this reason, we recommend that you check the Effective Date listed above each time you use the Service and, if applicable, review any changes to the Terms of Use since you last used the Service.

 

Changes to the Service

 

We may change, restrict access to, suspend, or discontinue the Service, or any portion of the Service, at any time and at our sole discretion. We shall have no liability to you or any party for the modification or termination of any aspects of the Service.  

 

Ownership of the Sites

 

The Service and its content, features and functionalities, including, without limitation, information, text, graphics, logos, button icons, images, audio clips, video clips, data compilations and the design, selection and arrangement thereof (collectively, the “Festool Content”), are the exclusive property of Festool, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

 

We are providing you with access to the Service pursuant to a limited, non-exclusive, non-sub-licensable, non-transferable, revocable license. You may only use the Service for personal, non-commercial purposes (if you are an individual consumer) or for internal business purposes (if you are using the Service on behalf of a business), and, in either case, subject to these Terms of Use. This license is available to you as long as you are eligible to use the Service according to these Terms of Use, are not barred from the Service by applicable law, and your access to the Service has not been terminated by us. If these Terms of Use are not enforceable where you are located, you are not permitted to use the Service. Festool reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

 

Under this license, you may download information from the Service and print out a hard copy for your personal, non-commercial use (if you are an individual consumer) or internal business use (if you are using the Service on behalf of a business), provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent, etc.) contained thereon. Except as otherwise expressly stated herein, you may not modify, copy, distribute, display, reproduce, sell, license, or create derivative works from any Festool Content, in whole or in part, including any text, images, audio, and video in any manner, without the prior written authorization of Festool or any applicable third-party suppliers. Any unauthorized use of the Festool Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

 

Your Content

 

Some features of the Service, either now or in the future, may allow users to post or submit communications and content on or through the Service (“User Content”). User Content has not necessarily been reviewed or approved by Festool, and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to Festool. Your reliance on any User Content is done entirely at your own risk. You understand and agree that we are not responsible for, and shall have no liability related to, any User Content, including your reliance on any such content.

 

You retain any intellectual property rights that you own in your User Content, but you automatically grant, or warrant that the owner of such content has expressly granted, to Festool a royalty-free, perpetual, irrevocable, worldwide, unlimited, non-exclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display your User Content in any media or medium, or in any form, format, or forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. You accept that you are responsible for your User Content and acknowledge that, once published, we cannot always remove it.

 

We reserve the right, but shall have no obligation, to review your User Content and to remove it from, or refuse to publish it on, the Service for any reason, including if such content violates these Terms of Use, as determined by us in our sole discretion. We shall have no liability to you or any other party with respect to any actions taken with respect to your User Content.

 

User Content submitted on or through the Service shall not be deemed confidential and Festool shall not have any obligation to keep any such material confidential. Festool shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.

 

User Conduct

 

By using the Service, you agree to not use the Service in any manner that:

 

  • Is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files or programs);
  • Interferes with or disrupts the Service, services connected to the Service, or otherwise interferes with operations of the Service in any way;
  • Infringes any copyright, trademark, trade secret, patent or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased (or impersonates any such person);
  • Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  • Causes Festool to lose (in whole or in part) the services of our Internet service providers or other suppliers;
  • Links to materials or other content, directly or indirectly, to which you do not have a right to link;
  • Is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, as determined by Festool in our sole discretion;
  • Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof;
  • Violates, or encourages anyone to violate these Terms of Use; or
  • Violates, or encourages anyone to violate, any applicable local, state, national, or international law, regulation, or order.

 

We shall have the right to immediately terminate these Terms of Use and prohibit further use of the Service (either temporarily or permanently) with respect to any user whose conduct we, in our sole discretion, consider to be unacceptable, or in the event of any actual or suspected breach by you of these Terms of Use.  

 

The following provisions shall survive any termination of these Terms of Use: Acceptance and Modification, Changes to the Sites, Ownership of the Sites (excluding the license granted to you), Your Content, Disclaimer of Warranties, Limitation of Liability, Indemnification, Links to Third-Party Sites, Dispute Resolution and Agreement to Arbitrate, and Miscellaneous, as well as any other parts of these Terms of Use that, either explicitly or by their nature, must remain in effect even after termination of these Terms of Use.

 

Prices and Payment Terms

 

The prices of the services available via the Service are displayed in U.S. dollars. Prices are subject to change at any time and without any notice to you. Festool reserves the right to cancel any Order that you have placed if we determine that the incorrect price was displayed at the time of your Order. 

 

Festool only offers the Service to adults. If you are under the age of majority in your jurisdiction of residence, you may not place on Order or provide any information via the Service. If you wish to place an Order, you will be asked to supply certain information relevant to your Order including, without limitation, your name, information about your method of payment (such as your payment card number and expiration date), your billing address, your phone number, and your shipping information. Your information will be handled in accordance with our Privacy Policy. By making a purchase, you acknowledge that your personal information may be collected, stored or otherwise processed by us and/or third party service providers, including Shippo, Aiguisatek, and payment processors, for the purposes of facilitating the completion of your Order. By submitting payment information and placing an Order, you are authorizing us to immediately process and charge that payment method in connection with your Order. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT METHOD UTILIZED IN CONNECTION WITH AN ORDER. We reserve the right to refuse or cancel any purchase if we suspect fraudulent activity or an unauthorized or illegal transaction.

 

You agree to provide current, complete, and accurate information for all Orders. You agree to promptly update your account and other information, as applicable, so that we can complete your Order and contact you as needed. By submitting any information in connection with an Order, you grant to Festool the right to provide such information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of an Order. Orders will not be accepted and processed until after your method of payment has been verified and authorized by any necessary third parties.

 

Festool’s acknowledgement of an Order means that your order request has been received; it does not mean that your Order has been accepted or that the price or availability of the requested service has been confirmed. We reserve the right to refuse service, terminate accounts, or cancel or modify Orders in our sole discretion and shall have no liability to you other than refunding your Order, if applicable. Without limiting the foregoing, we may, in our sole discretion, limit the amount and type of service provided per person, per household, or per Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. If we make a change to or cancel an Order, we will attempt to notify you by contacting the email and/or billing phone number provided at the time the Order was made.

 

You agree to pay all charges that may be incurred by you or on your behalf in connection with the Service, at the price in effect when your Order is placed, including, without limitation, all shipping and handling charges. You remain solely responsible for any taxes that may be applicable to your Orders. In states where Festool does not collect or remit sales tax, purchases are not exempt from any applicable sales tax. Purchasers in those states are required to file the requisite sales or use tax returns and directly pay applicable taxes to the state. Additional information may be found on your state department of revenue website.

 

It is your responsibility to ascertain and comply with all applicable local, state, federal, and international laws (including minimum age requirements) in regard to your use of the Service and the receipt, possession, and use of any physical goods related thereto. By placing an Order, you represent that the Service will be used only in a lawful manner. Any offer made on the Service is void where prohibited.

 

Shipment and Delivery

 

The Service is currently available only to individuals and businesses located within in the United States. When your Order has been confirmed and processed by Festool, a pre-paid Purolator shipping label will be sent to you via email. You are responsible for packing the blade appropriately, applying the shipping label to the package, and furnishing the package to Purolator for shipment, all subject to any additional conditions or requirements communicated by Festool.

 

You acknowledge and agree that you are solely responsible for safely and appropriately packing your blade prior to delivering the package to Purolator and, consequently, that you will be solely responsible for any damage to persons or property resulting from the manner in which your blade was packed. You agree to hold Festool harmless from and against any and all claims for damages resulting from, or alleged to have resulted from, the manner in which your blade was packed. When your blade sharpening has been completed, the blade will be shipped back to you at no additional cost.

 

Service Information and Availability

 

Festool strives to be as accurate as possible and eliminate errors, but there may be information available via the Service that contains typographical errors, inaccuracies, or omissions and they may relate to service descriptions, pricing, promotions, offers and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information available via the Service at any time and without prior notice (including after you have submitted an Order), at our sole discretion. You agree that Festool shall have no liability in connection with any such errors, inaccuracies, or omissions. We do not warrant that the quality of any services or information purchased or obtained by you via the Service will meet your expectations.

 

Certain services offered via the Service may have limited availability. All services offered via the Service are subject to availability, including the availability of our partners Shippo and Aiguisatek. If, after receiving an Order, we are unable to provide the service you requested, we will cancel the Order and provide a refund. If you have already shipped the blade for servicing, it will be returned to you. Relatedly, it is possible that, upon receipt and inspection of your blade, Aiguisatek will determine that the blade is unfit for sharpening (e.g., because it is too worn or degraded). If this occurs, the blade will be returned to you and a refund will be provided. Without limiting the foregoing, Festool reserves the right to cancel any Order, at any time and for any reason, and provide a refund.

 

After being placed, Orders may not be cancelled by the customer. Aside from Festool’s right to cancel an Order and provide a refund (as described in the paragraph immediately above), we are unable to offer refunds in connection with the Service. However, we are interested in hearing about your experience with the Service. If you have any comments, concerns, or feedback regarding the Service, please reach out to us at the contact information provided in these Terms of Use.

 

Disclaimer of Warranties

 

TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SERVICE IS PROVIDED "AS IS." FESTOOL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE OR THE CONTENT OR COMMUNICATIONS AVIALABLE VIA THE SERVICE, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE, TO THE EXTENT PERMITTED BY LAW. FESTOOL DISCLAIMS IMPLIED WARRANTIES THAT THE SERVICE AND ALL SOFTWARE, CONTENT AND SERVICES, AND INFORMATION DISTRIBUTED IN CONNECTION THEREWITH ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FESTOOL OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

 

WE DO NOT GUARANTEE THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT IT IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

 

FURTHER, FESTOOL DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT AVAIALBLE VIA THE SERVICE. UNDER NO CIRCUMSTANCES WILL FESTOOL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SERVICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT. 

 

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FESTOOL WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

 

In addition, when using the SERVICE, information will be transmitted over a medium which is beyond the control and jurisdiction of Festool, its partners, advertisers, and sponsors or any other third party REFERENCED IN CONENCTION WITH the SERVICE. Accordingly, Festool assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the SERVICE.

 

EACH PROVISION OF THESE TERMS OF USE THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND FESTOOL. YOU AGREE AND ACKNOWLEDGE THAT THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FESTOOL.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

Indemnification

 

You agree to indemnify and hold Festool and our affiliates harmless from and against all liabilities, losses, claims, costs, and expenses (including reasonable attorneys’ fees) related to any claim, investigation, litigation or proceeding which arises or is alleged to have arisen from your misuse of the Service or any breach by you of these Terms of Use. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. You are not permitted to settle any matter subject to indemnification by you without Festool’s prior written consent.

 

Links to Third-Party Sites

 

The Service may contain links to other websites or services (“Third-Party Sites”). Third-Party Sites are not operated, controlled, or maintained by Festool and Festool is not responsible for their availability, content, or security. Third-Party Sites may be subject to their own terms and conditions of use and privacy policy, which we recommend that you review. Links to Third-Party Sites are provided for your convenience only. Festool makes no representations whatsoever about any other website or service you may access through the Service and disclaims all liability with regard to your access to Third-Party Sites. If you access any Third-Party Sites, you do so at your own risk. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on Third-Party Sites. Any concerns regarding any product or service offered by a Third-Party Site should be directed to the operator of the relevant Third-Party Site and not to Festool.

 

Dispute Resolution and Agreement to Arbitrate

 

By using the Service, you and Festool agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Service or the breach, enforcement, interpretation, or validity of these Terms of Use or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

 

  • Notice to Festool: You must send notice (1) by electronic mail to customerservice@festoolcanada.com and (2) by first-class or certified mail or nationally recognized overnight courier to Festool Canada at 77 Auriga Drive, Unit #14, Ottawa, ON, 2E 7Z7, Canada.

 

  • Notice to You: We will send notice by (1) first class or certified mail or nationally recognized overnight courier to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by any reasonable means.

 

Both you and Festool agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party.

 

IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

 

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if (and only if) it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that, if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.

 

The arbitrator, and not any federal, state, provincial, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms of Use, including any claim that all or any part of these Terms of Use are void or voidable. For the avoidance of doubt, you and Festool agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

 

Notwithstanding the foregoing, in lieu of arbitration, either you or Festool may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.

 

Governing Law and Jurisdiction

 

These Terms of Use are governed by the laws of the United States (including federal arbitration law) and the state of Indiana, without giving effect to any conflict of laws principles. You and Festool acknowledge that these Terms of Use evidence a transaction involving interstate commerce and that any arbitration conducted pursuant to these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.

 

Except for disputes or claims properly lodged in a small claims court in the United States, any dispute or claim not subject to the arbitration agreement set forth above shall be brought and resolved by a court located in the state of Indiana, and you agree and submit to the exercise of personal jurisdiction by such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.

 

MISCELLANEOUS

 

  1. Interpretation. In these Terms of Use, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms of Use. Any limited or specific disclaimers or limitations of liability found in these Terms of Use shall not limit the effect, force, or breadth of any other disclaimers or limitations of liability in these Terms of Use.
  2. No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If Festool does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Festool has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Festool’s rights, and all such rights or remedies shall still be available to Festool.
  3. If any provision of these Terms of Use is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.
  4. Entire Agreement. These Terms of Use set forth the entire understanding and agreement between us with respect to your use of the Service.
  5. Assignment. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction.
  6. No Relationship. These Terms of Use do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Festool.
  7. Notice to California Residents. You may reach Festool at the contact information provided below in the “CONTACT US” section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

 

Contact Information

 

You may contact us in the following ways:

 

Email: customerservice@festoolcanada.com

 

© 2024 Festool Canada Inc.