BarbMaster Terms of Use
 
Please read the following Terms of Use Agreement. By accessing this site you accept these terms of use.
 
Welcome to Benford Tools' Internet Site ("Site") on the World Wide Web. Please review these Site terms of use because they govern your use of and purchase of products from our Site. By accessing, browsing, or using this Site, you acknowledge that you have read, understand, and agree to be bound by these terms. If you do not agree to these terms then please do not use this Site!
 

Benford Tools controls and operates this Site from its offices within the United States. Claims relating to, including the use of this Site and the materials contained herein are governed by the laws of the United States and the State of Texas. If you do not agree, please do not use this Site. If you choose to access this Site from another location, state or country, you are doing so on your own initiative and are responsible for compliance with applicable local laws.

SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS

The information contained in this Site including all images, illustrations, designs, photographs, video-clips, writings and other materials that appear herein are copyrighted, trademarked, trade dress or other intellectual property owned, controlled, or licensed (all of which collectively, are herein referred to as the "Contents") by Benford Tools or its subsidiaries. BarbMaster.com and affiliates are the property of their respective owners, including the license for this Hugo template. The names “BarbMaster” and “Barb Master” are U.S. Registered Trademarks of Benford Tools, LLC – e.g. BarbMaster® and “Barb Master®.”

 
Permission is granted to display, copy, distribute, download, and print any hard copy portions of this Site for the purposes of:
(1) Placing an order with Benford Tools or
(2) Using this Site as a shopping resource, provided you do not modify the Site and that you retain all copyright and other proprietary notices contained in the Contents.
Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of BarbMaster.com or the applicable copyright owner.
 
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site including reproduction for purposes other than as noted above, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of Benford Tools, is strictly prohibited.
 
DISCLAIMER OF WARRANTY
BENFORD TOOLS, LLC – dba as “BARBMASTER.COM” IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH BENFORD TOOLS BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, BENFORD TOOLS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. PRICE AND AVAILABLITY OF INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
 
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL BENFORD TOOLS BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. In an effort to provide our customers with the most current information, Benford Tools will, from time to time, make changes in the Contents and in the products or services described on this Site.
 
ABOUT OUR PRICES
The prices advertised on this Site are for Internet orders. Prices on some items may differ from those charged by an Affiliate or Partnership Distributor. Prices and the availability of items are subject to change without notice. Additionally, prices may or may not vary based on your order and delivery location(s) and/or the applicable retail store location. Any "list prices" used on this Site are the manufacturers' suggested retail prices and may not be indicative of the actual selling prices in your area.
 

Any reference to "savings" used on this Site indicates the average savings off the "list price." Your actual savings will vary depending upon the quantity of goods purchased and the date of the transaction.

We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors. We reserve the right to cancel or limit any purchase made contrary to the terms of any offer, discount, promotion or coupon or that otherwise is not in compliance with these Terms of Use or applicable state and federal law.

 

USER COMMENTS, FEEDBACK, AND OTHER INFORMATION SUBMISSIONS PROVIDED BY YOU

You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to Benford Tools ("Transmissions") shall be and remain Benford Tools' property.

All Transmissions will be treated as non-confidential and non-proprietary and Benford Tools shall be under no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the Transmissions to others without limitation. You further agree that Benford Tools may use information about your demographics and use of this Site in any manner that does not reveal your identity. Additionally, Benford Tools 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, or marketing products incorporating such information. However, if you have a really GREAT IDEA, Benford might be willing to pay you an industry standard royalty payment of 2-3% for your idea, that is, if the product ever makes it to market. E-Mail Kent Benson and he will send you a "non-disclosure" agreement, so that your idea will remain strictly confidential. Mr. Benson knows all too well how this game is played and you can rest assured that Mr. Benson will keep, protect, and respect your Intellectual Property/creative thoughts with the utmost integrity – period! Otherwise, your data will be treated as described above. One last note along these lines... Never, I said "Never" send any creative thoughts, ideas, and/or invention data to a company without knowing WHO you are dealing with - the sharks are lurking just below the surface and they are waiting for the naive to make a mistake.

In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.

 
TERMS OF USE REVISIONS
Benford Tools may revise these terms of use by updating this posting. You agree that in the event any portions of these Site terms of use are found to be unenforceable, the remainder of these Site terms and conditions shall remain in full force and effect. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use to which you are bound.
 

FORUM-SELECTION CLAUSE & DISPUTE RESOLUTION

If there is any dispute about or involving the Website and/or the Product(s) offered, by using the Website and/or product, you agree that said dispute will be governed by the laws of the State of Texas without regard to its conflict of law provisions. You also agree to personal jurisdiction by and venue in the state and federal courts of the State of Texas.

Furthermore, if a party wishes to bring any legal action against Benford Tools it shall be done in the following manner and within the following jurisdiction. A matter between Benford Tools and a claimant may or may not be settled in mediation as a first course of resolution, without the involvement of the court. If the matter is of a more serious nature and/or criminal negligence is involved, then the court of jurisdiction would be that of Johnson County, Texas, where local and state laws will be applied to the treatment of such a case or action brought against Benford Tools and the entity was named as a defendant in a lawsuit.