Introduction
Welcome to the Dirty Hand Tools® Log Splitter, Replacement Parts website (the “Site”). This Site is operated by Dirty Hand Tools (“DHT”, “we” “us” and “our”). By accessing and using this Site, you agree to be bound by the following terms and conditions, including our Privacy Policy (collectively, these “Terms”). If you do not agree to these Terms, do not access or use this Site.
We may change these Terms at any time without notice, so please check back periodically to keep informed of updates. Your continued use of this Site constitutes your agreement to the most recent version of these Terms.
Use of the Site
User Content: Certain features of the Site may allow you to upload or submit content, such as product reviews, comments, photos and other materials (collectively, “User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, fully sublicenseable, and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly perform, publicly display, and publish your User Content in connection with the Site and our business, including for promoting and redistributing part or all of the Site.
You represent and warrant that: (a) you own or have the necessary rights and permissions to all User Content that you submit; (b) the User Content is accurate; (c) use of the User Content as contemplated in these Terms will not violate any law or infringe any rights of any third party; and (d) you are at least the age of majority in the jurisdiction in which you reside.
We take no responsibility for, and expressly disclaim all liability for, any User Content submitted by you or any third party.
Prohibited Content: You agree not to submit any User Content or otherwise use the Site in any manner that: (a) infringes or violates the intellectual property rights or any other rights of any third party; (b) violates any law or regulation; (c) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, racist, sexist, or otherwise objectionable; (d) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; (e) contains or installs any viruses, worms, malware, Trojan horses, or other content that is harmful or malicious; (f) provides material support or resources to any organization(s) designated by the United States government as a foreign terrorist organization; (g) falsely states or otherwise misrepresents your affiliation with us; (h) harvests, collects, or attempts to discover information about other users without their consent; (i) contains advertising; or (j) constitutes or contains false or misleading statements.
We may, in our sole discretion, remove or refuse to post any User Content for any or no reason. We take no responsibility for, and expressly disclaim all liability for, any User Content submitted by you or any third party.
Your Account: If you create an account on the Site, you are responsible for maintaining the security of your account information, including your username and password. You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damages from your failure to secure your account credentials.
Prohibited Activities: You agree not to do any of the following, unless expressly authorized by us in writing:
- Reproduce, duplicate, copy, sell, resell or exploit any portion of the Site for any commercial purposes except as expressly authorized by these Terms;
- Use any robots, spiders, data mining, scraping or similar data gathering or extraction methods on the Site;
- Reverse engineer, decompile, disassemble, reverse assemble or otherwise attempt to discover any source code or underlying ideas or algorithms of the Site;
- Circumvent, disable or otherwise interfere with security-related features of the Site;
- Use the Site for any illegal or unauthorized purpose, engage in, encourage or promote any activity that violates these Terms;
- Modify, adapt, translate or create derivative works based upon the Site;
- Remove, obscure or alter any proprietary notices appearing on the Site; or
- Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means.
No Warranties: The Site and all materials, information, products and services included on or accessible from the Site are provided on an “as is” and “as available” basis without representations, warranties or conditions of any kind, either express or implied.
WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY AND NON-INFRINGEMENT.
We make no warranty that: (a) the Site will meet your requirements; (b) the Site will be available on an uninterrupted, secure or error-free basis; (c) the results that may be obtained from use of the Site will be accurate or reliable; or (d) any errors on the Site will be corrected.
Any material you download or otherwise obtain through your use of the Site is done at your own discretion and risk, and you are solely responsible for any damage to your computer system or loss of data resulting from downloading or obtaining such material.
No suggestions or information, whether oral or written, obtained by you from us through the Site shall create any warranty or conditions not expressly stated in these Terms.
Purchases and Payments
Product Descriptions: We attempt to describe and display Products available on the Site as accurately as possible. However, we do not guarantee that the colors, sizes, measurements, ratings, labels, packaging or other product information on the Site will be accurate, complete, reliable, current or error-free. The inclusion of any products on the Site does not imply or warrant that these products will be available or fit for a particular purpose.
Pricing: All prices for products displayed on the Site are subject to change at any time without notice. The price charged will be the price prevailing at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to refuse or cancel any order with an incorrect price listing.
Payment: You may pay for orders only with the payment methods indicated during the checkout process. We accept Visa, Mastercard, American Express, Discover, PayPal and Amazon Pay. If your order is being shipped to an address that does not match your billing address, payment may be declined. Please contact customer service if you need to place such an order.
Taxes: You are responsible for all applicable taxes associated with your order.
Shipping & Handling: Shipping and handling charges will be calculated and displayed at checkout based on weight, order value and delivery address. For large or heavy items that require special shipping, we will contact you regarding additional shipping charges.
Delivery: We will make reasonable efforts to deliver your order according to the estimations provided at checkout and confirmation email. However, delays are possible depending on order volume and other factors.
Damaged/Defective Products: We take care in preparing orders for shipment so that they arrive in good condition. However, if your order is damaged or defective when received, please contact customer service right away so that we can resolve the issue. Save all packaging and parts/accessories for inspection.
Returns & Refunds: Please review our Returns & Refunds policy posted on the Site prior to placing an order.
Cancellations: Orders may only be cancelled up until they are shipped. If your order has shipped, please refer to our Returns & Refunds policy.
Intellectual Property
Site Content: All content and materials on the Site, including but not limited to text, graphics, logos, button icons, images, audio clips, trademarks, data compilations and software, and the design, selection and arrangement thereof (collectively, “Site Content”), are the property of DHT or its affiliates, partners or licensors and are protected by United States and international copyright laws.
Trademarks: “Dirty Hand Tools”, the Dirty Hand Tools logo, and any other DHT product or service names, logos or slogans that may appear on the Site are trademarks of DHT and may not be copied, imitated or used in whole or in part without our prior written permission. You may not use any trademark, service mark or logo of DHT or any third party displayed on the Site without the owner’s prior written consent.
Copyrights: You acknowledge and agree that all Site Content is the copyrighted work of DHT or its affiliates, partners or licensors. You may download, print or make one copy of the Site Content for your own personal, internal and non-commercial use only, provided you keep intact all copyright and other proprietary notices. Any copying, distribution, transmission, performance, display, preparation of derivative works from, or other exploitation of the Site or any Site Content for any commercial purposes without our express prior written consent is strictly prohibited.
Disclaimers and Limitation of Liability
Disclaimer of Medical Advice: All information, content and materials available on or through this Site are for general informational purposes only. The information provided on this Site does not constitute medical or professional advice and should not be relied or acted upon for those purposes. Reliance on any information provided by us, our employees, others appearing on the Site at our invitation or other visitors to the Site is solely at your own risk.
Disclaimer of Liability: IN NO EVENT SHALL WE OR OUR AFFILIATES, EMPLOYEES, AGENTS OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE LOSS, DAMAGE, COST OR EXPENSE WHATSOEVER, INCLUDING LOSS OF PROFITS, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE SITE OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL OR INFRINGING CONDUCT BY ANY THIRD PARTY, AND THAT THE RISK OF DAMAGE FROM SUCH THIRD PARTY CONDUCT RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES, IF ANY, PAID BY YOU TO ACCESS OR USE THE SITE.
THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SITE.
Indemnification
You agree to defend, indemnify and hold harmless DHT, its affiliates and their respective directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorneys’ fees) arising from: (a) your access to or use of the Site; (b) your User Content; (c) your violation of any of these Terms; or (d) your violation of any third party rights, including without limitation any copyright, trademark, property or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Site.
Privacy Policy
Please review our Privacy Policy to understand our information collection, use and disclosure practices. Our Privacy Policy is incorporated by reference into these Terms.
Modifications to the Site
We reserve the right, for any reason, in our sole discretion, to terminate, change or suspend any aspect of the Site, including but not limited to content, features or hours of availability. We may impose limits on certain features or restrict your access to part or all of the Site without notice or liability. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations.
Governing Law and Jurisdiction
These Terms are governed by the laws of the State of Tennessee, without regard to its conflict of laws principles. Any dispute arising from or relating to your access and use of the Site must be brought exclusively in the federal or state court located in Davidson County, Tennessee, and you hereby consent to the personal jurisdiction of such courts and waive any objection that such venue is inconvenient. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between DHT and you regarding the Site, and these Terms supersede and replace any and all prior oral or written understandings or agreements between DHT and you regarding the Site.
Questions & Contact Information
If you have any questions or concerns regarding these Terms, please contact us at:
Dirty Hand Tools
2830 Independence Dr.
Clarksville, TN 37043
Phone: 1-877-571-4602
Email: [email protected]