Terms of Use

April 2011

Tomboy Tools, Inc. values your patronage and is committed to protecting your privacy. We respect your right to privacy and employ the highest levels of security to keep your personal information strictly confidential. The web address, www.tomboytools.com, (the Site) is operated by Tomboy Tools, Inc. and its affiliates (collectively Tomboy Tools) (referred to as "we", "us" and "our"). The Site is subject to the following terms and conditions, which set forth the legally binding terms for your use of the Site.

Your Consent

By using the Site, you agree to these Terms of Use (the Agreement). Please read this Agreement carefully and save it. If you do not agree to these terms, we ask that you leave this Site immediately.

We reserve the right to modify or otherwise update this Agreement at any time by posting the modified version on our Site and revising the effective date. Such changes will automatically be effective upon posting on our Site, and you agree to be bound by such modifications, updates and revisions. You should visit this page from time to time to review the current terms.

To obtain information about Tomboy Tools privacy practices, please see our Privacy Policy, which is incorporated by reference.

Copyright

All content provided on this Site, such as text, graphics, images, etc., as well as collection, arrangement and assembly of all content on this Site is Tomboy Tools' exclusive property and is protected by US and international copyright laws. Except as stated herein, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.

Trademarks

The trademarks, service marks and logos ("Trademarks", "Brandmarks") used and displayed on this Site are Tomboy Tools' Trademarks. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Site. Tomboy Tools' Trademarks may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.

Use of Site

This Site, or any portion of this Site, may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by Tomboy Tools. Tomboy Tools reserves the right to refuse services, and/or cancel orders at our discretion if we believe that customer conduct violates applicable law or is harmful to our interests.

User Submissions

We are always pleased to receive your comments and suggestions. If you submit comments, suggestions, ideas, etc. (collectively "Submissions") in response to any content on this Site, you grant us a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media, now existing or hereafter devised, all without compensation. Tomboy Tools may post your feedback on the Site and reserves the right (but not the obligation) to monitor, edit and remove any Submission. When you send a Submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this agreement and will not cause injury to any person or entity.

Indemnification

You agree to indemnify and hold harmless Tomboy Tools, Inc., its affiliates, and its directors, officers, managers, employees, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or other applicable agreements between you and Tomboy Tools. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Applicable Law

This Site is created and controlled by Tomboy Tools, Inc®. in the State of Colorado, USA. The laws of the State of Colorado govern these terms and conditions, without giving effect to any principles of conflicts of laws. Tomboy Tools makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms of Use constitute the entire agreement between Tomboy Tools and Site visitors with respect to the Site.

How to Contact Us

If you have additional questions or concerns regarding our Legal Notice or Privacy Policy, please use one of the following sources to contact us:

You can send e-mail to info@tomboytools.com

You can send mail to the following postal address:

Tomboy Tools, Inc.
2650 W. 6th Ave., Bldg. E
Denver, CO 80204

You can call the following telephone number: 303.722.1003 or 866.260.1893

Privacy Statement

At Tomboy Tools, we respect your privacy and want you to have an enjoyable experience while browsing our Site. Please feel free to browse our Site at your leisure. Our Site works on a "need to know" basis when it comes to your personal information. This means that you, the customer, can browse our Site at any time and we will not collect any personal information from you until you direct us to do so (i.e., by making a purchase, requesting newsletters or company information, or requesting e-mail notifications of specials). Tomboy Tools takes your privacy concerns seriously and will not share your personal information with third parties without your consent.

The Information We Collect and How We Use It

Data Collection

Once you have decided to make a purchase, you will be asked to provide us with some personal information such as your name, e-mail address, mailing address, phone number, credit card number and expiration.

When you create a registrant, member profile, or Consultant profile, we need to know your name, e-mail address, phone and mailing address and possibly a Social Security, tax identification number or military identification number to set-up the profile.

This information is used solely for the purpose of serving you more efficiently each time you return to our Site. We may use the information you provide to create and verify your account profile; process a submitted consultant agreement; fulfill your order; provide you with information and customer service in response to your specific request or respond to any of your other inquiries; provide you with information on Tomboy Tools' services, either on a personalized or aggregate basis; improve the content and navigation on the Site; enforce Tomboy Tools' Terms of Use; resolve disputes, prevent and detect fraud and otherwise help Tomboy Tools to comply with the law, regulation and/or legal process. If you would like to access and modify the personal information you have provided to Tomboy Tools, please contact us at info@tomboytools.com.

Tomboy Tools may share your information with outside contractors or agents who help us manage our informational activities, but they may only use your information to provide Tomboy Tools with a specific service and not for any other purpose. When you make a purchase online with Tomboy Tools, we agree not to share any information about you with third parties (except your credit card company) unless you have expressly granted us permission to do so.

All personal information is stored in our offline databases and accessed only for the purpose of assisting you with future online transactions. Before completing your personal profile, please view and accept the Terms and Conditions ("Legal Notice" and "Privacy Policy") of using our Site.

Tomboy Tools will not disclose or sell any of your personal information, including your name, address, credit card number, or transaction history to any third party other than for those purposes mentioned above.

E-mail Notification

If and when you would like to receive e-mail notifications of specials, promotions, order confirmations, or product inquiries, Tomboy Tools will need to capture your personal e-mail address. You may choose to opt-out at any time or change your email by sending a request to info@tomboytools.com.

Newsletters

If you would like to receive Tomboy Tools newsletter(s) we will need to capture your personal e-mail address.

Security Measures

Whether you place an order or create a profile, when you enter our secure server, you are protected by the Secure Socket Layer (SSL) technology, utilized by most popular browsers, such as Mozilla Firefox, Safari, Netscape and Microsoft Internet Explorer. This technology allows us to use the most advanced encryption tools necessary to protect information transmitted between your computer and our server. Through encryption, the personal information you enter, including your name, address and credit card information is converted into code that is then securely dispatched over the Internet.

We take fraud and protection of your privacy very seriously. We use Thawte for your protection. Thawte Certification, a VeriSign company, is a global provider of digital certificate products, services and solutions that create security, privacy and authentication in electronic commerce.

In the unlikely event that your credit card is used on our secure server without your authorization, follow the reporting procedures of the card issuer, and contact us immediately. Many credit card companies will cover all of the charges that result from unauthorized use of your cards, and your maximum liability under the Fair Credit Billing Act is US$50.00.

Cookies

Many web sites, including Tomboy Tools, use "cookie" technology to help users navigate efficiently. When you make selections or set preferences on our Site, it will send a request to your web browser to record some (but not all) of your selections in a cookie file. A cookie is a small text file that resides on your hard drive. From time to time, our web site will request a cookie from your browser so that we can retrieve the stored information and you do not have to make the same selections over and over again. We never uses cookies to store personal information, such as credit card numbers, nor can the information we store in the cookie ever be read by any web site other than ours.

Please note that with most browsers, a user can set the preferences to show a warning each time a cookie request is received. You can also usually set the browser to refuse cookies; however, the use of cookies will enhance your experience using our Site. If you choose not to use cookies, you can still access all of the features of our Site.

Children's Guidelines

No information should be submitted to Tomboy Tools by children 18 years of age or under without parent or guardian consent. Tomboy Tools does not monitor the age of its user audience.

Hyperlinks to Other Web Sites

Links to third party websites may be provided on this Site. We have not reviewed all linked third party sites. We do not control and are not responsible for any of these websites and their content. We do not endorse or make any representations about such sites or any information or materials found there or any results that may be obtained from using them.

Acceptance of Privacy Policy Terms and Conditions

By using the Tomboy Tools Site, you signify your agreement to the terms and conditions of this Privacy Policy. If you do not agree with this Policy, please do not use this Site. We reserve the right, at our discretion, to change, modify, add or remove portions of this Policy at any time. Please check this page periodically for changes. Your continued use of this Site following the posting of any changes shall mean that you have accepted those changes.

If you have any questions about this privacy statement, the practices of this web site, or your dealings with this Site, you can contact:

Tomboy Tools
2650 W. 6th Ave., Bldg. E
Denver, CO 80204

By Phone: 303.722.1003
or
Via e-mail at: info@tomboytools.com