Terms of service

Terms of Use License

Clark's Tool & Equipment operates this website, which consists of several interlinked webpages using the web domain www.clarkstool.com (the “Site”). Throughout the Site, the terms “Clark's Tool & Equipment,” “we,” “us,” and “our” refer to Clark's Tool & Equipment. Clark's Tool & Equipment offers this Site to you for your use, expressly conditioned upon your acceptance of these Terms of Use without modification.

ACCEPTANCE OF TERMS

Please read these Terms of Use carefully before accessing or using this Site. Your use of this Site in any way constitutes your agreement to and acceptance of these Terms of Use without modification, including all additional terms, conditions, and policies referenced herein and/or available through this Site, such as our Shipping Policy, Refund Policy, and Privacy Policy. By accessing or using any part of the Site, including, without limitation, any features, tools, or policies, or any additional content that may be added to our website at any time, you agree that you are bound by these Terms of Use.

These Terms of Use apply to all users of the Site, including without limitation users who are browsers, vendors, customers, and/or merchants. In addition, as a condition of your use of this Site, you represent and warrant to Clark's Tool & Equipment that you will not use this Site for any purpose that is unlawful or prohibited by these Terms of Use or prohibited by any of Clark's Tool & Equipment’s policies available through this Site. If you do not agree and accept without modification these Terms of Use, you are not authorized to use this Site. We reserve the right, in our sole discretion, to update, modify, or replace any part of these Terms of Use at any time and without notice. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following any modifications or changes constitutes acceptance of those changes.

By accepting these Terms of Use through your use of the Site, you certify that you are at least the age of majority in your state or province of residence, or that you are at least 13 years of age and are using this Site under the supervision of a parent or legal guardian. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms of Use on behalf of a minor by allowing them to access this Site, you agree to be fully responsible for and accept all liability for such minor’s use of the Site.

ACCURACY OF INFORMATION

While we strive to ensure the information contained on this Site is accurate and free from errors, we do not guarantee that the information contained on this Site is accurate, complete, or current, and we are not responsible if any information contained on this Site is not accurate, complete, or current. All information provided on this Site, including but not limited to, all product descriptions, product information, pricing, promotions, offers, shipping charges, transit times, and/or availability is subject to change in our sole discretion at any time and without notice.

Occasionally there may be information on this Site that contains typographical errors, inaccuracies, omissions, or other errors that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and/or availability. We reserve the right to correct any errors, inaccuracies, or omissions, to change or update information, or to modify or cancel orders if any information on this Site or any related website is incomplete, inaccurate, or not current. Such modifications or cancellations to orders will be made in our sole discretion, and we may do so at any time and without prior notice, up to and after the time an order has been submitted and/or accepted.

The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. We have made every effort to display as accurately as possible the colors and images of the products listed for sale on this Site. Various factors, such as your device’s display, may modify the appearance of the products we list for sale on this Site, and we cannot guarantee that any color you view will be 100% accurate. Any reliance on the material on this Site is at your own risk. We do not warrant that the quality of any products, services, information, or other material provided on this Site will meet your expectations.

We undertake no obligation to update, amend, or clarify any information provided on this Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to this Site or on any related website should be taken to indicate that all information provided on this Site has been modified or updated.

PRICES AND AVAILABILITY

Clark's Tool & Equipment has no obligation to continue to make available or to offer for sale any product that is or was listed on this Site and reserves the right at its sole discretion to, at any time and without notice, discontinue, suspend, or revoke the availability of any product listed for sale on this Site. Certain products, promotions, or services may have limited quantities or availability, and any products purchased are subject to return or exchange only according to our Refund Policy. Clark's Tool & Equipment may, in its sole discretion and on a case-by-case basis, limit the quantities of any products or services offered or listed for sale up to and after the time an order has been submitted and/or accepted. Any offer for any product or service made on this Site is void where prohibited.

Clark's Tool & Equipment has no obligation to continue to offer any product on this Site at a certain price and reserves the right, at any time and without notice, to modify or change the price for any products or services listed for sale on this Site. All product prices or services listed for sale on this Site are subject to change at any time without notice at our sole discretion.

Clark's Tool & Equipment is not liable to you or to any third party for any change, suspension, or modification to product availability, nor is Clark's Tool & Equipment liable to you or to any third party for any price changes to the products, services, or anything that is or was listed for purchase through this Site. Clark's Tool & Equipment reserves the right to correct any pricing errors, and we may apply the corrected price to your order. We reserve the right to revoke any offers and/or to correct any errors (including pricing errors) related to orders placed on this Site, up to and after the time an order has been submitted and/or accepted.

THIRD PARTY MATERIALS

Certain content, products, and/or services available via this Site may include materials from third parties. This Site may provide links that direct you to third-party websites and/or provide you with access to optional tools owned, designed, and/or operated by third parties. We do not have any control over any such third-party materials, websites, or tools, we are not responsible for examining or evaluating them, and we do not monitor their content or warrant their use. We shall have no liability whatsoever arising from or relating to your use of or access to third-party materials, websites, or tools accessed through this Site.

You acknowledge and agree that any access we provide to third-party materials, websites, or tools via this Site is provided without any warranties or representations of any kind. Any use of third-party websites and/or tools that you access through this Site is entirely at your own discretion and risk, and you should ensure that you are familiar with and approve of the terms governing any such third-party websites, tools, or materials. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should only be directed to the third party.

Any access provided by this Site to any such third-party websites, tools, or materials does not imply or equate to any endorsement by Clark's Tool & Equipment of the third party or the third-party website, tools, or materials, unless we expressly state otherwise. The inclusion on this Site of any third-party materials, tools, or links to third-party websites does not imply that Clark's Tool & Equipment is authorized to use any trademarks, trade name, logo, or any copyrighted materials belonging to any such third parties, except as noted in the Trademark Usage section below.

USER SUBMITTED CONTENT

Currently, Clark's Tool & Equipment does not accept user-submitted content such as comments, feedback, or other submissions through this Site. If this changes in the future, any such content submitted to us may be used at our discretion, and we reserve the right to edit, publish, or remove it without notice. We are under no obligation to maintain confidentiality, pay compensation, or respond to any submissions.

TRADEMARK USAGE

Clark's Tool & Equipment is an authorized seller of various brands featured on this Site, including but not limited to [insert specific brands, e.g., DeWalt, Milwaukee, Makita, etc.]. All trademarks, trade names, logos, and copyrighted materials associated with these brands are the property of their respective owners and are used on this Site with permission or under authorization as an official retailer. Any other trademarks displayed on the Site are used with the prior written permission of the trademark owner or under applicable legal allowances.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

While we strive to provide a reliable and functional Site, your use of this Site is at your own risk. All materials on this Site are provided "as is" without warranty of any kind, express or implied, including conditions of merchantability, fitness for a particular purpose, title, and non-infringement, to the fullest extent permitted by law. We work to ensure the accuracy of content and the quality of our products and services, but we cannot guarantee that the Site will be error-free, that all information will be complete or current, or that your device will not be affected by its use.

In no event shall Clark's Tool & Equipment, our directors, officers, employees, affiliates, agents, suppliers, contractors, interns, service providers, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with the use of this Site, whether based in contract, tort, strict liability, or otherwise, unless required by law. This includes, but is not limited to, damages related to delays, inability to use the Site, lost profits, lost revenue, or data loss. While we take reasonable steps to secure our Site, no data transmissions over the internet can be guaranteed to be 100% secure, and we cannot warrant the security of information you transmit to us, which you do at your own risk.

Some states or jurisdictions do not allow the exclusion or limitation of consequential or incidental damages. In such states or jurisdictions, our liability shall be limited to the fullest extent permitted by law.

GENERAL

We reserve the right to refuse service to anyone for violation of our Terms of Use, or to refuse service to anyone for any other reason at any time. Clark's Tool & Equipment has no obligation to continue to provide service to anyone or to allow anyone access to this Site, and we reserve the right to, at any time and without notice, discontinue any and all services and/or use of this Site. We are not liable to you or to any third party for limiting or terminating any service or use of the Site.

We reserve the right, but are not obligated, to limit the sale of the products or any services listed for sale or available on this Site to any person, geographic region, or jurisdiction, for any reason at any time without notice. We are not liable to you or to any third party for such limitation. We reserve the right to refuse any order you place with us, up to and after the time an order is submitted and/or accepted. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, using the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may, but are not required to, attempt to notify you by contacting the email and/or billing address and/or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You may not use this Site or any product or service purchased through this Site for any illegal, immoral, or unauthorized purpose, nor may you, through the use of the Site, violate any international, federal, provincial, or state rules, laws, or local ordinances. You agree and warrant that you will not solicit, collect, or track the personal information of others, or interfere with or circumvent the security features of this Site or any related website. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of this Site, any use of this Site, or any contact on this Site, without express written permission by us.

You agree you are fully responsible for providing us with current, complete, and accurate purchase and account information for all purchases made at this Site, and we are not liable in any way for your failure to do so. You understand that your content (not including credit card information) may be transferred unencrypted and may involve: (a) transmissions over various networks; and/or (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Your submission of personal information through this Site is governed by our Privacy Policy.

You are solely responsible for ensuring that any link you select or items you download, whether from this Site or from any other website linked to this Site via hyperlink or otherwise, is free from malicious or harmful items, such as worms, viruses, trojan horses, or any other items of a harmful nature.

Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of the trademark owner, except as outlined in the Trademark Usage section above.

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Clark's Tool & Equipment (and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees) from any claim, demand, or damage of every kind and nature, known and unknown, including reasonable attorneys’ fees incurred by us or any third party, arising out of your breach of these Terms of Use, your breach of any of the policies contained within this Site, or your violation of any law or the rights of a third party.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we may in our sole discretion terminate or limit your use of this Site at any time and without notice. You will remain liable for all amounts due up to and including the date of termination. The obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use and your use of this Site are governed by and construed and enforced in accordance with the laws of the States of Missouri and Kansas, USA.

The State of Missouri shall be the exclusive venue for any and all disputes arising from the use of this Site. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and/or any other dispute resolution organizations in Clay County, Missouri, USA for all claims or disputes arising out of or in connection with this Site in any way. Use of this Site is unauthorized in any jurisdiction that does not recognize or give full effect to all provisions of this agreement. In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such determination shall not affect the validity and enforceability of any other remaining provisions.

Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The provisions of these Terms of Use constitute and represent the entire agreement regarding your use of this Site, and supersede all prior and contemporaneous agreements, negotiations, representations, warranties, communications, and understandings between you and us, whether oral or written, with regard to the subject matter set forth herein. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

If you have any questions about these Terms of Use, please contact us at customerservice@clarkstool.com. Although we aim to address your inquiries, Clark's Tool & Equipment does not guarantee that it will receive your email in a timely manner, and we are in no way obligated to respond or act on any communications received.