Terms and Conditions

Welcome to the Matco Tools web site at http://www.gomatco.com and also at http://www.matcotools.com ("Site") which is owned by NMTC Inc. d/b/a Matco Tools ("NMTC"). This Site is operated by NMTC and materials on the Site are primarily owned by NMTC. The Site may also include materials owned by third parties and posted on the Site by virtue of a license, grant or some other form of agreement between the third party and NMTC. NMTC has created this Site for your information. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether your access or use is intended) if you agree to abide by all applicable laws, and to these Terms of Use and Privacy Policy, which constitute an Agreement between you and NMTC. Please read these Terms of Use carefully and save them. If you do not agree with them, you should leave this Site immediately. Any questions or comments regarding, or problems with, this Site should be sent to the Site Administrator at webmaster@matcotools.com.

NMTC reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.

If you become aware of misuse of this Site by any person, please contact the Site Administrator at webmaster@matcotools.com with your concerns.

ACCESS AND USE
All materials contained in this Site are protected by U.S. and international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded material.

The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of NMTC or unless it is expressly permitted by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos, photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting NMTC in writing at 4403 Allen Rd, Stow, OH 44224, or email at webmaster@matcotools.com.

You are also strictly prohibited from creating works or materials that derive from or are based on the materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.

PRODUCTS AND PRICING
All Matco Tools products and products listed on this website, prices, configurations and availability are subject to change at any time by Matco Tools. Matco Tools has the right to refuse or cancel any order or delivery of any item for any reason including in the event of a pricing error. All prices displayed on this website are quoted in U.S. dollars and are only valid and effective in the United States.

DISCLAIMER OF LIABILITY AND WARRANTIES
While NMTC does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. The Site, and all materials in this Site, are provided as is and, to the fullest extent permitted by law, are provided without warranties of any kind either express or implied. This means, without limitation, that NMTC DOES NOT WARRANT that the Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that NMTC, its parents and affiliates together with their respective employees, agents, directors, officers and shareholders, IS NOT LIABLE for any delays, inaccuracies, failures, errors, omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your computer system or network.

You acknowledge that NMTC is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive damages, in connection with or arising from your use or from your inability to use the Site.

NO WARRANTY
WE, OUR PARENTS, AFFILIATES AND SUBSIDIARIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HEREAFTER "WE", "OUR", OR "US" PROVIDE OUR WEB SITE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNITY
You agree to defend, indemnify and hold harmless us from and against all the liabilities, claims, damages and expenses (including reasonable /attorneys fees and costs) arising out of your use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright, trademark, proprietary or other rights of third parties.

LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.

GENERAL PROVISIONS
This agreement is governed by, and construed in accordance with the laws of the State of Ohio without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Ohio for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further irrevocable waive any right you may have to trial by jury in any such dispute, action or proceeding.

COPYRIGHTS/TRADEMARKS
Matco Tools® and their respective logos are trademarks or registered trademarks of NMTC in the United States and in other countries. All other trademarks, brand names, or product names belong to their respective owners.

All materials contained in this Site are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.

This is not an offering to sell a franchise. Franchise offerings are made through a Franchise Disclosure Document. This contains forward looking statements about, among other items, the sales revenues, products, consumer acceptance, growth rates and franchising potential of Matco Tools, Inc. The statements reflect management's current expectations regarding future events. Statements about Matco Tools' past performance are not necessarily indicative of its future results. Matco Tools, Inc. undertakes no obligation to publicly update or revise any forward looking statement, whether as a result of new information, future events or otherwise. This information is not offered or disclosed in connection with an offer to sell or the solicitation of any offer to buy any franchise.

Currently, the following states and countries regulate the offer and sale of franchises:

In the U.S.: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin.

International: Australia, Brazil, Canada (Alberta, Ontario and Prince Edward Island only), China, France, Indonesia, Lithuania, Malaysia, Mexico, Romania, Russia, South Korea, and Spain.

If you are a resident of one of these states or countries, we will not offer you a franchise unless and until we have complied with applicable pre­sale registration and disclosure requirements in your jurisdiction.

© 2009 Matco Tools, Inc. All Rights Reserved. Matco Tools® and their respective logos are trademarks or registered trademarks of NMTC, Inc. d/b/a Matco Tools in the United States and in other countries. All other trademarks, brand names, or product names belong to their respective owners.

Updated: 07/07/2009