Saw Shield Terms & Conditions

Section 1.0 - Preamble

Thank you for your interest in Saw Shield LLC (“SSLLC”). Please read the following Terms and Conditions of Service carefully. By accessing and using the Application, visiting the website, or using the Company’s Products, or by otherwise indicating your consent to these Terms and Conditions of Service, you acknowledge that you have read, understood, and agree to be bound by the following Terms and Conditions of Service, including, without limitation, the Privacy Policy contained herein. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO USE THE COMPANY’S APPLICATION, WEBSITE OR ANY OF THE PRODUCTS PROVIDED BY SSLLC.

 

Section 2.0 - Defined Terms

In addition to any terms defined in the text of these Terms and Conditions of Service, the following definitions apply throughout these Terms and Conditions of Service and any or all Agreements with SSLLC: 

 

“Application” refers to the Company's web or mobile application and/or web or mobile website, and Services.

 

“Client”, “you”, “your” and “user” refers to you, the person accessing the Application and accepting the Company’s these Terms and Conditions.

 

“Company”, “SSLLC”, “ourselves”, “we”, “our” and “us”, refers to Saw Shield LLC.

 

“Parties” refer to both the Client and the Company.

 

“Product” or “Products” refers to any physical or web based product, item, or service sold or provided by the Company, including, without limitation, accessing the Application.

 

“Terms” or “Agreement” refers to theses terms and conditions, labeled “Terms and Conditions of Service”, including, without limitation, the Privacy Policy contained herein.

 

Section 3.0 - Interpretation of Defined Terms

Any use of a defined term contained herein, as used in the singular, plural, capital, or lower case, are taken as interchangeable and therefore as referring to the same.  Furthermore, any use of pronouns shall be take as interchangeable with the noun to which the pronoun refers.

 

Section 4.0 - Last Updated

These were last updated on July 6, 2020.

 

Section 5.0 - Contact Information

The Products are offered by Saw Shield LLC. You may contact us by email at support@getsawshield.com.

 

Section 6.0 - Eligibility

To be eligible to purchase or use the Products or access the Application, you must be at least eighteen (18) years of age, have the legal capacity to enter into a legally binding agreement, and be located in the United States. By agreeing to these Terms, you represent, agree, and warrant to the Company that: (1) you are at least 18 years of age; (2) you have the legal capacity and authority to enter into a legally binding agreement; (3) that you understand that these Terms are a legally binding agreement; (4) that you have read and understand these Terms; (5) that you agree to and accept these Terms in full, without qualification; and (6) you are located in the United States.

 

Section 7.0 - Use of Cookies

We reserve the right to employ the use of cookies. By using SSLLC's Application, you consent to the use of cookies in accordance with SSLLC’s Privacy Policy. Most modern day interactive websites use cookies to enable retrieval of user details for each visit. Cookies are used in some areas of Our Application to enable the functionality and ease of use for those people visiting. Some of Our affiliate or advertising partners may also use cookies.

 

Section 8.0 - Privacy Policy

Section 8.1 through Section 8.6 of this Agreement (inclusive of all subsections therein) is the Company’s privacy policy (collectively, the “Privacy Policy”).

 

Section 8.1 - The Information We Collect and/or Receive 

In the course of operating the Application and the Products, the Company will collect (and/or receive) the following types of information as described in Section 8.1(a) through Section 8.6, and all subsections contained therein. You authorize the Company to collect and/or receive such information.

 

Section 8.1(a) - Personal Information

In order for the Company to provide the Products and operate the Application, you will be asked to provide us with personal information about yourself. All information that you provide to the Company is collectively called “Personal Information.”  The Company does not collect any Personal Information from you unless you use the Application and provide such information voluntarily.

 

Section 8.1(b) - Intentionally Blank

 

Section 8.1(c) - Billing Information

In order to purchase the Company’s Products, you will be required to provide certain information necessary to submit payment to the company, such as, without limitation, credit or debit card numbers, expiration date, billing zip-code, activation code, and other information related to processing your payment for the Products (collectively “Billing Information”). Such Billing Information will be processed by a third party payment vendor, such as, without limitation, Stripe or PayPal, pursuant to the terms and conditions of their privacy policy.

 

Section 8.1(d) - Order Information

When you place an order for the Company’s Products, the Company also collects and/or receives information incidental to or necessary to processing that order (“Order Information”). 

 

Section 8.1(e) - Other Information

The Company, at its sole discretion, may collect any and all additional information as the company sees fit (“Other Information”). Other information may include, without limitation, any information described in Sections 8.1(f)(1) through Section 8.1(f)(3), as follows:

 

Section 8.1(f)(1) - From Your Activity

In an ongoing effort to improve the Application and Products, the Company may automatically collect certain information when you visit the website, and when you use the Products. Such information may include, without limitation, IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on a particular page, what sections of the website you visited, and similar information regarding your use of the Application or Products.

 

Section 8.1(f)(2) - From Cookies

The Company may collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that the computer will “remember” information about your visit to the website. The Company may use both session cookies (cookies that expire once you close your browser) and persistent cookies (which remain on your computer until they are deleted) to help us collect Other Information and to improve your experience using the Application. If you do not want cookies to be stored on your computer, you may disable and/or delete cookies on your computer, mobile device, and web browser. Please refer to your internet browser’s documentation in order to help you disable and/or delete cookies. 

 

Section 8.1(f)(3) - Third Party Services

The Company may use one or more analytics services to evaluate your use of the Products, compile reports on activity, collect your data, analyze performance metrics, and collect and evaluate other information relating to the Products the company provides to you. By accessing and using the Products, you consent to the processing of data and you acknowledge that these third-party companies use cookies and other technologies to analyze and provide data. You understand and agree to the processing of any data provided by by you on the Application. You further agree that the Company may share or may permit to share third party online advertising networks, social media companies and other third party services, to collect information about your use of our Products over time so that we may play or display ads on our Application, on other devices that you may use, and on other websites, applications or services.

 

Section 8.2 - How We Use and Share Information

You authorize the Company to use the Personal Information, Order Information, Other Information, and any other information you provide to the Company (collectively “Personally Identifiable Information” or “PII”), to provide and improve the Application and the Products; to solicit your feedback; to inform you about our products and services and those of our promotional partners; for other commercially reasonable reasons, and as described in Sections 8.2(a) through Section 8.2(f) below:

 

Section 8.2(a) - Agents, Providers and Related Third Parties

The Company may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include, without limitation, providing technical assistance, customer service, and marketing assistance. These other companies will have access to PII only as necessary to perform their functions and to the extent permitted by law. We may also share PII with any of our parent companies, subsidiaries, or other companies under common control with us.

 

Section 8.2(b) - Aggregated Information 

In an ongoing effort to better understand our users, we may analyze PII in order to operate, maintain, manage, and improve the Application and the Products and for our own research purposes. This aggregate information typically does not identify you personally.

 

Section 8.2(c) - Business Transfers

As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, PII may be part of the transferred assets.

 

Section 8.2(d) - Legal Requirements

We may disclose PII if required to do so by law, or in a good faith belief that such action or disclosure is necessary or appropriate to: (i) operate the Application or to provide Products; (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability; (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents, contractors, or licensees or licensors; or (iv) protect the personal safety of vendors, users of the Application or Products or the public.

 

Section 8.2(e) - Miscellaneous

The Company will not intentionally rent, sell or share PII with third parties except as generally outlined in the Privacy Policy. If you do not want us to use or disclose PII collected about you in the ways identified in this policy, you should not use the Application or Products.

 

Section 8.2(f) - Security of PII

Although the Company, at its sole discretion, takes commercially reasonable steps to protect PII from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, that no security system is impenetrable. The Company cannot guarantee the security of our databases, nor can we guarantee that PII you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Company or on the Application may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.

 

Section 8.3 - Notice to Non-U.S. Residents

The Company, Application, and Products are operated in the United States. Please be aware that your information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Application and/or the Products, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.

 

Section 8.4 - External Websites

The Application and the Products may contain links to external sites not controlled by the Company. The Company has no control over the privacy practices or the content of these External sites. As such, we are not responsible for the content or the privacy policies of such external sites. We advise that you check the applicable third-party privacy policy and terms of use when visiting any other sites.

 

Section 8.5 - California Residents

California residents who have an established business relationship with the Company may choose to opt out of our sharing their Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to support@getsawshield.com. Furthermore, the Company does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

 

Section 8.6 - Data Retention

We will retain any and all information for as long as your account is active, or as needed to provide you services or until the information is removed from our databases. If you wish to cancel your account or request that we no longer use your information to provide you services contact us at support@getsawshield.com. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce agreements. 

 

Section 9.0 - Using the Application and Products

During the account creation process, you are required to provide us with information about yourself. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date. You will further be asked to create a password. You are solely responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account. You may not impersonate someone else or provide an email address other than your own. If you have reason to believe that your account is no longer secure, then you should promptly change your login password and notify us at support@getsawshield.com.

 

When you create your account and submit your PII, you are engaging us to store and maintain PII for you so that we may operate and provide the Product. You understand that we reserve the right, in our sole discretion, to terminate your account at any time, and to prohibit your access to the Application and/or the Products, for any reason or no reason and without notice to you.

Any unauthorized use of the Application and/or the Product can lead to your prohibition from the Application and Products, and potentially civil and/or criminal prosecution. You may not use any logo or other proprietary graphic or trademark belonging to the Company, or any of its subsidiaries, affiliates, or other partners, as part of a link to the Application without first obtaining the express prior written consent of the Company. The Company does not guarantee continuous, uninterrupted or secure access to its Product or the Application, and you acknowledge that the operation of the Application and Products may be interfered with by numerous factors outside of or within the Company's control.

 

Section 10.0 - Storage of Information 

As part of the Product, you will be asked to share PII, which will be used and stored as set forth in these Terms. By providing any information, including PII, to the Company or Product, you consent to the use, transfer, storage, and processing of such information. You further agree to waive any and all claims for privacy or data protection with respect to any and all such information, including PII, and any other information disclosed by you to the Company.

 

If you are domiciled outside of the United States, certain jurisdictions include the option of requesting that the Company delete your personal information at any time from our active databases, subject to the applicable laws and regulations of such jurisdiction. Please note that deletion of this information prior to completion of the Product will result in a cancellation of the Product, and no Product will be provided to you. Although we can delete your personal information from our active databases, some or all of your personal information will remain archived in back-ups. Information that has already been de-identified, anonymized, and/or aggregated may not be retrievable or traced back for destruction, deletion, or amendment. If you would like to request that your personal information be deleted from our active databases, please contact us at support@getsawshield.com.

 

Section 11.0 - Ownership and Information of Data

By accessing the Product, you agree that any information or data that you provide to us, including, without limitation, PII, will be collected, stored and utilized by the Company. You agree that, upon being saved in any of our databases or our application, such information or data becomes the property of the Company.  If this section of the Agreement is found to conflict with any section of the Privacy Policy, Section 9.0, or Section 10.0, you agree that this section shall be apply in full force and the conflicting section shall apply to the extent possible to resolve such conflict.

 

Section 12.0 - Solicitation and Opting Out

By accessing the Product, you give the Company permission to contact you to solicit feedback (including through optional surveys, interviews, or testimonials), to provide information, and describe or advertise services or products provided by the Company and/or other companies, including through personalized newsletters and other content. You can opt out of this communication by notifying us at support@getsawshield.com.

 

Section 13.0 - Payments

You are required to pay a fee to receive Products. You agree to submit payment to the Company in the amount displayed on the Company’s Application at the time of your purchase, net any valid promotional offers consistent with Section 14.0 as contained herein. All fees are in U.S. Dollars, and all payments will be processed by a U.S. bank. If you pay with a credit or debit card, the Company may seek pre-authorization of your account prior to your purchase to verify that the account is valid and has the necessary funds or credit available to cover the fees.

 

Section 14.0 - Promotional Offers

From time to time, the Company may, at its sole discretion, make available promotional offers that may only be available to certain qualifying recipients (each a “Promotional Offer”, or collectively “Promotional Offers”).  Such Promotional Offers may only be redeemed for Products as performed in the United States in compliance with United States laws, rules, and regulations. Unless otherwise expressly stated by the Company, Promotional Offers may not be combined and may not be resold, forwarded or otherwise transferred to any third party other than the intended recipient, and may not be applied to Products paid for by other persons. The Company reserves the right to modify or discontinue Promotional Offers at any time, or to deny Promotional Offers used in breach of these Terms. If a Promotional Offer is provided to a recipient who is not eligible to receive Products, the Promotional Offer will be null and void. The Company is not responsible if any Promotional Offer is lost, stolen, or destroyed, or if a Promotional Offer is used without the intended recipient’s permission. The Company also reserves the right to void Promotional Offers and close customer accounts if it suspects that a Promotional Offer is obtained, used, or redeemed fraudulently, unlawfully, or otherwise in violation of these Terms, or any applicable law, rule, or regulation.

 

In the event a Promotional Offer is non-functional, your sole remedy, and the Company’s sole liability, will be the replacement of that promotional offer. In no event will the Company be liable to you for any indirect, incidental, special, consequential or punitive damages arising out of or relating to your use of a Promotional Offer, or you inability to use a Promotional Offer, whether based on warranty, contract, tort (including negligence), statute or any other legal theory, whether or not the Company has been informed of the possibility of such damages.

 

When you redeem a Promotional Offer, you agree that the laws of the State of Wyoming, without regard to principles of conflict of laws, will govern these Terms and any dispute that may arise between you and the Company related to your use or receipt of a Promotional Offer. The Company reserves the right to end any Promotional Offer program at any time at its sole discretion. Promotional Offers are not eligible for a refund. Promotional Offers shall expire at the conclusion of the promotional period associated with such Promotional Offer. If no such period is specified, then such Promotional Offer shall expire thirty (30) days after its first offering or availability.

 

Section 15.0 - Refund Policy and Cancellations

To be eligible for a refund, you must: (1) return the Product (“Returned Item”), within the thirty (30) calendar days of the original purchase date (the “Refund Period”); and (2) the Returned Item must be received by the Company in new and unopened condition; (3) obtain a return authorization number from the Company in advance of returning the Returned Item; and (4) the Company must receive the Returned Item within the Refund Period.  You are responsible for any and all costs incurred in returning the Returned Item to the Company.  Any Returned Item received after the Refund Period or in used or opened condition will not be eligible for a refund.

 

If you are not satisfied with the Product, the Company encourages you to contact us at support@getsawshield.com, to determine if the Company can take further action to improve your experience.

 

The Company will not issue refunds to any individual other than the original purchaser. The Company will not issue refunds in any form other than to the original payment method.

 

You may request the cancellation of an order before the Product has shipped.  However, the Company cannot guarantee or promise that any order cancellation request will be granted.

 

The refund and cancellation policy detailed in Section 15.0 herein shall apply to all Products sold or provided by the Company, except for any product, item, or service sold or provided pursuant to Section 24.0 herein.

 

Section 16.0 - License to Use and Proprietary Rights

The Product is owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, data, algorithms, computer code (including source code or object code), analytics, information provided to you by SSLLC as part of the Product, and all other elements of the Product (collectively, the “Proprietary Materials”) provided by the Company are protected by all relevant intellectual property and proprietary rights and applicable laws. Proprietary Materials may not be resold, disclosed to any third parties, distributed, transferred, or used for any purpose without the express prior written permission of the Company. All Proprietary Materials contained in the Product are the property of the Company or our third-party licensees or licensors. Except as expressly authorized by the Company, you may not make use of the Proprietary Materials for any purpose, unless otherwise agreed upon herein. The Company reserves all rights to the Proprietary Materials not granted expressly in these Terms.

 

The Company grants you a limited non-exclusive right and license to access and use the Products for personal, non-commercial purposes. This license does not include and strictly prohibits: (i) any derivative use of the Products or its contents; and (ii) any use of data mining, robots, or similar data gathering and extraction tools. The Products, including the Application’s operation, interface and contents, are covered by US intellectual property laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of the Company.

 

Section 17.0 - Indemnification

You agree that you will be solely responsible for your use of the Product, and you agree to defend, indemnify and hold harmless the Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Company Entities") from and against any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to, use of, or alleged use of the Product; or (ii) your violation of these Terms or any representation, warranty or agreements referenced herein, or any applicable law or regulation. We reserve the right, at our own discretion and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim. 

 

Section 18.0 - No Warranties

THE PRODUCT AND ALL MATERIALS AND CONTENT MADE AVAILABLE THROUGH THE PRODUCT ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY SPECIFICALLY (WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE PRODUCT.

 

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. HOWEVER, THIS PROVISION SHALL BE ENFORCED TO THE FULL EXTENT ALLOWED BY LAW.  THE EXCLUSIONS AND LIMITATIONS SET FORTH HERE AND IN OTHER SECTION OF THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SSLLC AND YOU.  YOU AGREE THAT THIS SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

 

Section 19.0 - Limitation of Liability

IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PRODUCT OR APPLICATION, OR ANY MATERIALS OR CONTENT ON THE PRODUCT OR APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE PRODUCT (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PRODUCT), OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE PRICE YOU PAID FOR THE PRODUCT GIVING RISE TO LIABILITY OR (B) $50 (USD). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. HOWEVER, THIS PROVISION WILL BE ENFORCED TO THE FULL EXTENT ALLOWED BY LAW.  THE EXCLUSIONS AND LIMITATIONS SET FORTH HERE AND IN OTHER SECTION OF THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SSLLC AND YOU.  YOU AGREE THAT THIS SECTION IS INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER LAW. IF ANY PORTION OF THIS SECTION IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THIS SECTION.

 

Section 19.1 - Experimental and Cutting Edge Technology

YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE PRODUCT IS AN ARE EXPERIMENTAL AND/OR CUTTING EDGE TECHNOLOGY.  YOU AGREE THAT YOUR USE OF THE PRODUCT WILL INCLUDE USING EXPERIMENTAL AND/OR CUTTING EDGE TECHNOLOGIES AND YOU AGREE TO ACCEPT ALL RISKS AND RESPONSIBILITIES FOR USING THE PRODUCT.

 

 

Section 20.1 - Dispute Resolution Generally

You agree that any and all legal action, proceeding, or disputes arising in connection with these Terms, or your purchase or use of the Product, shall be resolved by binding arbitration governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. Any arbitration hearings will take place at a location to be agreed upon in Wyoming, United States. If no arbitrator is available to proceed with hearings in Wyoming, the arbitration proceedings shall take place at a location to be agreed upon in Montana, United States. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of these Terms, the Product, and the Results, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of these Terms. If the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In any other instance, the cost of arbitration shall be shared equally by the parties. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, AND INSTEAD ARE ACCEPTING THE USE OF ARBITRATION. You understand and agree that this agreement to arbitrate binds you and anyone else who may have a claim arising out of or related to all products and Products provided to you by the Company, or persons employed or engaged by the Company.

 

Section 20.2 - Exceptions to Dispute Resolution

Notwithstanding subsection 20.1, the Company and you agree that nothing herein will be deemed to waive, preclude or otherwise limit either of our right to: (i) bring an individual action in small claims court; or (ii) pursue enforcement actions through applicable federal, state or local agencies where such actions are available.

 

Section 20.3 - No Class Actions

YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Section 20.4 - Modifications

In the event that the Company makes any future change to this arbitration provision, you may reject any such change by sending us written notice within thirty (30) days of the change in which case your account with the Company shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject shall survive.

 

Section 20.5 - Other Jurisdiction and Venue 

If the entirety of this Section 20 (including all subsections therein, such as Section 20.1 through Section 20.4) is found to be unenforceable, then the entirety of this Section 20 (including Section 20.1 through Section 20.4) shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 23 shall govern any action arising out of or related to these Terms.

 

Section 21.0 - Assumption of Risk

Failure to: (1) take adequate safety precautions; or (2) use adequate safety equipment when operating any tool is inherently dangerous. You acknowledge and understand that the Products are intended as a last line of defense against accidental table saw and band saw injuries.  No technology, no matter how reliable, is one hundred (100) percent effective, and the Products are not a substitute for the safe operation of any tool. As such, you should not rely on the Products to keep you safe when using tools. It is your sole responsibility to ensure that you take adequate safety precautions and to use appropriate safety equipment before using any tool. Failure to do so may result in property damage, serious injury, or death. You assume any and all risk from failure to safely operate any tool, including those tools on which the Products have been installed. You further agree that it is your sole responsibility to ensure that the Products are properly and safely installed before operating any tool. You agree to release the Company and hold the Company harmless from any and all claims resulting from or caused by a failure to: (1) take adequate safety precautions; (2) use appropriate safety equipment; (3) or properly install the Products.

 

Should you have any questions regarding installation of the Products, please contact the company at support@getsawshield.com.

 

Section 22.0 - Modification of the Terms

The Company reserves the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Product or on the Application, except as set forth below. These Terms will identify the date of last update. Your use of the Product following any such change constitutes your agreement to be bound by the modified Terms of Use. In the case of material changes to the Terms, the Company will make reasonable efforts to notify you of the change, such as through sending an email to any address you may have used to register for an account, through a pop-up window on the Product, or other similar mechanism. Material changes to these Terms will be effective upon the earlier of: (i) your first use of the Product with actual notice of such change, or (ii) thirty (30) days from posting of such change. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications. Without limiting the generality of the foregoing, no modification to the terms of our agreement to arbitrate disputes will be effective without your express consent, provided that if we propose a change to the terms of our agreement to arbitrate and you do not consent to the change, you must terminate your use of the Product.

 

Section 23.0 - General

These Terms constitute the entire and exclusive understanding and agreement between you and the Company regarding your use of and access to the Product, and, except as expressly permitted herein, may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. These Terms and your use of the Application and Product, and provision of your information, shall be governed by the laws of the State of Wyoming without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and the Company agree to submit to the personal and exclusive jurisdiction of the state courts located within Wyoming for the purpose of litigating all such disputes. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, all provisions that, by their nature, should survive will survive such termination or expiration, expressly including, without limitation, all of Sections 10.0 through 38.0, including all subsections therein.

 

Section 24.0 - Preorders and Presales

Section 24.0 shall apply only to items, services, or products advertised, provided, or sold by the Company as preorder or presale items (a “Preorder Item”). Preorder Items are subject to a fifty (50) percent non-refundable deposit due at the time of the preorder purchase. Preorder Items can be canceled at any time prior to shipping. However, in the event of a cancellation, the fifty (50) percent non-refundable deposit shall be forfeited. 

 

To be eligible for the refund of a Preorder Item, you must: (1) return the Preorder Item (“Returned Preorder Item”) within thirty (30) calendar days of receiving the Preorder Item (the “Preorder Refund Period”); (2) the Returned Preorder Item must be received by the Company in new and unopened condition; (3) obtain a return authorization number from the Company in advance of returning the Returned Preorder Item; and (4) the Company must receive the Returned Preorder Item within the Preorder Refund Period. The Company reserves the right to reject the return of Preorder Items that fail to meet the criteria herein.  Items received by the Company after the Preorder Return Period are not eligible for a refund. You are solely responsible for any cost incurred in returning Preorder Items to the Company. 

 

The Company will not issue refunds to any individual other than the original purchaser.  The Company will not issue any refunds in any form other than to the original payment method.  Under no circumstance can the Company accept a return of any opened or used Preorder Item.  

 

Due to the uncertain nature of Preorder Items, the Company makes no promise or guarantee that any Preorder Item will be manufactured or delivered, and the Company reserves the right to cancel an order for any Preorder Item at any time.

 

Section 25.0 - Termination

These Terms shall continue to have full force and effect unless and until terminated by the Company. The Company may terminate, suspend or restrict any provision of these Terms and the Product at any time in its sole discretion and without notice to you.

 

Section 26.0 - Third-Party Beneficiaries

Nothing contained in these Terms is meant or intended to confer any rights, remedies or benefits upon any third party.

 

Section 27.0 - Use of Third Party Software and Services

From time-to-time the Company may rely or use the software or services of third parties. You understand and agree that the Company does not make any guarantees or warranties for the software or services provided by any third-party.

 

Section 28.0 - Special Notice Regarding Glove Use

You should not wear or use gloves of any kind when using the Product, unless those gloves are sold by the Company specifically for use with the Product. Gloves reduce the safety and efficacy of the Product, and should never be worn when operating a tool on which the Product is installed. Failure to abide by this provision of the Terms may result in property damage, serious injury, or death.

 

Section 29.0 - Customer Testimonials

The Company reserves the right to publish customer testimonials at its sole discretion.  You understand and agree that the Company relies on information provided by customers to publish these testimonials, and that the Company cannot independently verify any information, photographs, or data provided by such customers.  You further agree and understand that, in order to protect the identity of individuals submitting customer testimonials, the Company reserves the right to change in published materials information that may identify the individual providing the testimonial (such as, without limitation, the name of the submitting individual).  You understand that the Company will not intentionally disseminate any information that might identify individuals submitting a customer testimonial, unless the submitting customer specifically authorizes the Company to release such information. 

 

Section 30.0 - Giveaways and Promotions

The company reserves the right to conduct giveaways for promotional purposes.  You understand and agree that the Company will conduct giveaways in accordance with the laws of the State of Wyoming, and that you are responsible for ensuring that you comply with all relevant federal laws, and any state and local laws that apply in your jurisdiction.  You understand and agree that you must be 18 years of age or older to be eligible to enter to win the giveaway, and, by participating in any giveaway, you represent that, as of the date of the giveaway is awarded, you are 18 years of age or older.  You further understand and agree that any and all giveaways are to occur only after 1,000 unique submissions have been made, or as determined at the sole discretion of the Company. The Company reserves the right to cancel the giveaway at any time prior to a winner of the giveaway being publicly named or if the company suspects any entrant of fraud.  You agree and understand that each individual is only eligible to make one submission per giveaway.  You further agree and understand that, should you be selected to receive a giveaway, SSLLC makes no any warranty to the giveaway product, and that you are not entitled to receive any warranty from SSLLC or the manufacturer of the giveaway product.  You further agree to hold harmless and indemnify SSLLC for any and all damage that occurs directly or indirectly from the giveaway or the giveaway product.

 

Section 31.0 - Electronic Signatures 

By using our Products you consent to transact business with the Company electronically.

 

Section 32.0 - Restricted Individuals

You hereby represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

 

Section 33.0 - Accuracy of Information Provided

 

When ordering, it is your responsibility to ensure that all information submitted to SSLLC is accurate. You may not be able to submit corrections after you place an order, and, if accepted, any corrections submitted after you place an order may significantly delay shipping of your order.

 

Section 34.0 - Payments are Non-refundable

We reserve the right to limit the order quantity on any product, to extend the delivery timeline for any reason after the order has been placed and accepted, and/or refuse to ship product to you for any reason. If you have any concerns or objections regarding charges, you agree to raise them with us first and you agree not to cancel or reject any credit card charges unless you have made a reasonable attempt at resolving the matter directly with SSLLC.

 

SSLLC reserves the right to not process or to cancel your order in certain circumstances (for example, if your credit card is declined, if we suspect the request or order is fraudulent, or in other circumstances SSLLC deems appropriate in its sole discretion). SSLLC also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. SSLLC will either not charge you or refund the charges for orders that we do not process or cancel.

 

Section 35.0 - Damaged in Transit

The Company is not responsible for any damage to the Products that occurs while the Products are in transit to you.

 

Section 36.0 - Products for Personal Use Only

The Products, and any items or samples thereof we may provide to you, are for personal use only. You may not sell or resell the Products, or any of the products or samples thereof, that you purchase or otherwise receive from us. For wholesale inquiries please contact us at support@getsawshield.com.  We reserve the right, with or without notice, to cancel or modfiy any order that we believe, in our sole discretion, may result in the violation of these Terms.  

 

Section 37.0 - Payment and Order Terms

The Product enables you to make purchases from SSLLC. The amounts due and payable by you for any product that you purchase through the Products (including applicable taxes, shipping and handling) will be presented to you before you place your order. If you place an order for any products via the Products, you agree (a) that SSLLC may charge your credit card for verification, pre-authorization and payment purposes, and (b) to bear any additional charges that your bank or other financial service provider may levy on you as well as any taxes or fees that may apply to your order. Your order is not binding on SSLLC until accepted and confirmed by SSLLC. You shall not sell, repackage, or advertise the Products or any items purchased or received via the Products. SSLC may modify or cancel your order at any time and for any reason.

 

Section 38.0 - Promotions, Coupons, and Discounts

Promotions, coupons, and discounts are valid for a limited time only.  SSLLC reserves the right to modify or cancel any promotion, coupon, or discount at any time and for any reason.  SSLLC reserves the right to offer promotions and discounts to any person, as well as to refuse promotions or discounts to any person.  Promotions, coupons, and discounts are limited to one per household. Promotions, coupons, and discounts are not valid until: (1) they are applied to the qualifying Product; and (2) you have completed the purchase of the qualifying Product.  Promotions, coupons, and discounts may not be combined with any other promotions, coupons, and discounts.