Terms of Use

1. Binding Agreement

These Terms of Use act as a legally binding instrument between ToolAssociate.com (“us,” “we,” “our”) and the website users. Please read these Terms of Use carefully before accessing or using our website. You further declare that you are at least 18 years old and legally competent to enter this agreement.

2. Intended Use

ToolAssociate is designed for use by individuals located in North America. We do not provide any warranties that the materials you are being given access to are appropriate to use or available in other jurisdictions.

It is not our intent to provide services or collect personal data from users located in the European Union or the Economic European Area. However, we do recognize that such parties may sometimes access our website and our Privacy Policy complies with the GDPR.

3. Privacy Policy

ToolAssociate complies with the North American and European Union laws concerning user privacy. Our Privacy Policy details what information we may collect from you and the modalities in which we use, store, share, and secure such data.

4. License

At ToolAssociate, we grant users a non-exclusive, non-transferable, and non-sublicensable right to use and access our website.

You acknowledge and agree that you have no right to edit, modify, distribute, create derivative works, sell, share, or republish any of the information provided on our website without our express and verifiable consent. You also understand and agree that you are granted no ownership right with regard to the content of this website.

5. Violations

You acknowledge and agree that we preserve the right to terminate your access to the website if you breach these Terms of Use, at our sole discretion. Actions we may take include the blocking of your IP addresses and other technical measures. We also reserve the right to initiate legal action concerning any breaches.

6. Communication

If you sign up for our newsletter or decide to contact us via email or the contact form, you give us consent to send you communications via email. You agree that any such communication shall constitute proper written communication that complies with all legal requirements.

7. User Content

By posting, transmitting, displaying, uploading, or otherwise distributing information on our website, including comments to our blog posts, you grant us, our affiliates, and officers, employees, or directors the right to use such content in any way we see fit, including but not limited to copying, transmitting, publicly displaying and performing, distributing, reproducing, editing, translating, and reformatting the content.

8. Intellectual Property

Each time you access or use our website you agree to respect the intellectual property rights of ToolAssociate, as well as the intellectual property rights of any authors and experts who contribute to our website. The use of ToolAssociate is subject at all times and governed by laws including copyright, trademark, and other intellectual property laws. Hence, you agree not to display, distribute, upload, download, transmit, or perform content or information that violates our copyrights or third party copyrights as well as intellectual property or trademark rights. You also agree to obey all laws concerning the use of copyright ownership and intellectual property. Any violation of these Terms of Use or any violation of any relevant laws and legislations regarding the infringement of copyright or intellectual property rights that you cause is and will be your sole responsibility. You will be deemed liable and will be responsible for proving that any content that you provide does not violate copyrights and intellectual property rights if required by law.

9. Inappropriate Content

ToolAssociate does not publish nor does it tolerate users who post inappropriate content. By inappropriate content, we mean any content that includes, but not limited to, obscene, libelous, defamatory, abusive, marketing, threatening, or pornographic content. We also do not tolerate users who encourage or support behaviors which could constitute a criminal offense or that otherwise violate any applicable laws and regulations. Brandi Sawyer reserves the right to terminate your access to the website if you post, encourage, or otherwise support inappropriate content. We also intend to fully cooperate with law enforcement officials to investigate any violations of the applicable laws or of these Terms of Use.

10. Limited Liability

TOOLASSOCIATE LIMITS ITS LIABILITY TO USERS TO THE MAXIMUM EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY KIND OF INCIDENTAL DAMAGES, LOSS OF PROFIT, SPECIAL DAMAGES, LOSS OF DATA, OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR OUT OF THE USE OF OUR WEBSITE OR OF ANY OF THE MATERIALS PROVIDED BY OUR WEBSITE. LIMITED LIABILITY SHALL APPLY REGARDLESS OF HOW THE DAMAGE HAS ARISEN.

11. No Warranties

TOOLASSOCIATE IS MAKING ITS WEBSITE, TOOLASSOCIATE.COM, AVAILABLE TO USERS “AS IS.” WE OFFER NO WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU SHALL ASSUME THE RISK OF ANY AND ALL DAMAGES OR LOSSES DERIVED FROM THE USE OR INABILITY TO USE OUR WEBSITE, TO THE MAXIMUM EXTENT PERMITTED BY LAW. TOOLASSOCIATE EXPRESSELY DISCLAIMS ANY AND ALL LEGAL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, BUT NOT LIMITED TO IT. TOOLASSOCIATE DOES NOT WARRANT THAT THE WEBSITE WILL MEET USER REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR FREE OF ERRORS.

12. Prohibited Uses

ToolAssociate imposes certain restrictions concerning the permissible use of our website. You agree not to violate any of our website’s security features, including but not limited to accessing data or content that are not intended for users. These contents and information may include, but are not limited to, logging onto Brandi Sawyer’s server or accounts that you are not authorized to access, attempting to test, probe, or scan the vulnerability of our website or of any associated systems or networks, interfering or attempting to interfere with the service of any other users or with the service of our host or network, or to breach the security and authentication methods of our website. You also agree not to submit malware software or viruses to the website that may cause mail bombing, spamming, flooding, overloading, or crashing. You also agree not to use our website to send unsolicited emails, including but not limited to advertisements or promotional material. You are also prohibited to or attempt to modify, disassemble, or decompile any part of our website’s source code that we use in providing the website. Furthermore, you are also forbidden from copying or reusing any content posted on our website without our express, verifiable consent. Any violation of these terms may subject users to criminal or civil liability.

13. Affiliated Websites

ToolAssociate works with many other companies whose websites may be linked to the content published or posted on our website. Please note that we do not have control over the content and performance of any third-party websites, nor do we make any promises or guarantees with regard to the accuracy of the information or content quality provided by such websites. We also do not assume any responsibility for misleading, inaccurate, unintended, objectionable, or unlawful content that may be published or distributed by those websites.

14. Copyright

15. Indemnity

You agree to indemnify Brandi Sawyer of your acts and omissions. You agree to defend and indemnify ToolAssociate from all liability, claims, damages, losses and costs from third parties, including any legal fees and expenses, arising from your access and use of our website or by your violation of any of these Terms of Use or any other rights of entities and individuals, including but not limited to intellectual property and copyrights. ToolAssociate will promptly inform you of any such claims and provide you with reasonable assistance, at your expenses, to defend such claims.

16. Governing Law

These Terms of Use are subject to the laws of the United States of America. You irrevocably consent and acknowledge that all disputes arising out of or related to the use of ToolAssociate.com will be dealt with under the jurisdiction of the United States of America.

17. Waiver

You acknowledge that, if for any reason, a court in the competent jurisdiction will find any term or condition in this agreement to be unenforceable, all other terms and conditions will remain in full force and effect unless otherwise stated by the court of law.

18. No License

Nothing contained on our website will grant you a license to use any of the logos, trademarks, or service marks owned by Brandi Sawyer or other third parties.

19. Amendments

We reserve the right to amend these Terms of Use from time to time. A notice on our website will notify you of any changes. You may reject the amendments by discontinuing the use of our website and opting out of our mailing list.