Terms and Conditions

USA Tool Depot
Terms of Use
 
Effective Date: 11/4/2019
 
Thank you for choosing to browse and shop USA Tools Depot.  Please read these Terms of Use (the “Terms”) as they set forth your rights and responsibilities related to the use of USA Tool Depot’s (“we”, “us”, or “our”) website (https://www.usatooldepot.com/) (the “Website”) and the purchase of our products.  We may change the Terms from time-to-time by posting updated terms on the Website.  Your continued use and access of the Website and/or purchase of our products will constitute acceptance of the Terms.  If you do not agree to the Terms, do not use or access the Website or purchase our products.
 
Your Comments
We welcome your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit to us (collectively, "Comments"). You grant us a perpetual, irrevocable, worldwide, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, and publicly display (in whole or in part) your Comments, your name, and any related copyrights, moral rights, or other intellectual property rights.
 
Privacy
Your privacy and the security of your data is important to us. Our privacy policy (the "Privacy Policy") sets forth our security practices and is included as part of these Terms. By using our Website or purchasing our products, you expressly consent to the use and disclosure of your information as described in the Privacy Policy.
 
Payment Terms
For each product you order on the Website, you agree to pay the price applicable for the product as of the time you submit your order, the delivery and shipping fees for the delivery service you select, and any applicable taxes and handling charges.  Where applicable, sales tax will be assessed on each order at the applicable local rate. You agree that taxes may be adjusted from the amount shown on the payment screens. You are solely responsible for any duties, taxes, levies, or fees (including any sales, use, or withholding taxes) imposed on or in connection with purchases from the Website by any authority.  We use a third party payment processor who manages the payment process related to your purchase of our products.  The third party payment processor will automatically bill your credit card submitted as part of the order process for all amounts upon submission of your order on our Website, and you hereby authorize us to do so.
 
Delivery and Shipping
All orders are shipped using a third party carrier selected by us, and delivery times will vary based on the option selected. Products can only be shipped within the United States.
 
Our goal is to process and ship your order within 1-2 business days after receipt of the order. This is an estimate only, however, and shipping dates are not guaranteed.
 
Except as stated below, orders are shipped Monday through Friday during regular business hours (8:00 a.m. to 4:30 p.m. Central Time). Orders received on a weekend day or an observed holiday will be processed on the next business day. Orders will not ship on the following days:
 
New Year’s Day
Martin Luther King Day
Presidents’ Day
Memorial Day
Fourth of July
Labor Day
Columbus Day
Thanksgiving Day
Day After Thanksgiving
December 24-26
New Year’s Eve Day
 
Upon shipment of your order, an order confirmation will be emailed to the address that you have provided.
 
We strive to ship all items in an order together, but we reserve the right to deliver your products in separate shipments if one or more items are unavailable at the time of initial shipment. If we split your order into more than one shipment, you will not be charged separate shipping costs for each shipment. Further, each shipment will have a confirmation/tracking email. If we experience an issue fulfilling one part of your order, that will not serve as a basis for canceling any of the other items included in that order.
 
Risk of Loss
All items purchased from our Website are made pursuant to a shipment contract with our third party carriers. This means that the risk of loss and title for such items pass to you upon our delivery of the item(s) to the carrier.
 
Warranties
The Website, its contents, and all information and products, contained in or offered through the Website are provided on an "as is" and "as available" basis without representations or warranties of any kind.  To the extent allowed by law, we expressly disclaim all representations and warranties, either express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, or non-infringement and any implied warranties arising from course of dealing or course of performance. We do not warrant that the Website or its contents will be complete, accurate, uninterrupted, secure, or error free or that the Website or the server that makes it available are free of viruses or other harmful components. All information on the Website is subject to change without notice.
 
If you are not happy with your products purchased from us, we will accept a return of the products and refund amounts paid as set forth in our Refund Policy located below.
 
Return Policy
USA Tool Depot wants to provide you with the best level of customer service possible. We are happy to answer any questions you have about your purchase or return. For products that have been opened and/or used please refer to manufacturer warranty information. You may return any unused item in the original condition and packaging within 30 days for a full refund. Refunds will be credited afte rproduct is received and inspected. Please be aware that any returns not in original condition and packaging may be subject to a restock fee of up to 50% and are subject to inspection for damage or misuse prior to issuance of refund.

Indemnification
You agree to defend, indemnify, and hold us harmless from and against all claims, losses, damages, liabilities, costs, and expenses, including attorneys' fees, arising from or related to your (i) use of the Website or any products purchased through the Website, or (ii) violation of any of these Terms.
 
Limitation of Liability
Except as otherwise provided by law, in no event shall we be liable to you for any direct, indirect, consequential, special, or incidental damages arising out of or related to your use of or inability to use this site or goods or services purchased or obtained through the Website, whether in an action under contract, negligence, or any other theory, even if we have been advised of the possibility of such damages. Our total liability for any claim arising from or related to your use of the Website or products purchased on the Website shall not exceed the amounts paid by you for the products purchased from us in the prior twelve (12) months.
 
Intellectual Property Rights
The Website and its contents, including, but not limited to, text, photographs, graphics, illustrations, video, sound, and other material (all such content collectively referred to as "Content") are protected under United States and international copyright laws and are the property of us or our third-party licensors. All rights reserved. All logos, splash screens, page headers, custom graphics, and button icons displayed on the Website are our service marks, trademarks, and/or trade dress (collectively, "Marks") or our third-party licensors. Except as specifically permitted herein, copying, distributing, and using the Marks is strictly prohibited.
 
Miscellaneous
These Terms are governed by and shall be construed in accordance with the laws of the State of Minnesota without giving effect to any principles of conflicts of law. All claims arising out of or relating to these Terms or the products will be litigated exclusively in the federal or state courts of Hennepin County, Minnesota, USA, and you consent to personal jurisdiction in those courts. 
 
If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
 
In the event of any controversy or dispute between us and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. ANY CAUSE OF ACTION OR CLAIM THAT YOU MAY HAVE WITH RESPECT TO THE WEBSITE MUST BE COMMENCED WITHIN ONE-YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
 
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, it will not affect the validity and enforceability of any remaining provisions.
 
These Terms are effective unless and until terminated by us.