Company Policy

We want you to be happy! Whatever the item, whatever the reason, we offer a 30-day return policy. You can choose either an exchange or a refund of the purchase price(1). Sounds good? Now let's review the details below.

• Upon receiving your order we will email you an order confirmation. Please review it carefully and call us as soon as possible at (877) 354-6828 if it is not accurate.
• If you decide you want to cancel your order before it has shipped, we will issue a full refund with no deductions, as long as it is not a made-to-order product. Made-to-order products are typically custom built for a specific customer and cannot be returned.
• If you decide you want to cancel your order after it has shipped and before you've received it:
1. We will credit, exchange or refund the purchase price of your items less any return shipping and handling costs.
2. Some of the products that we offer also carry a restocking fee when returned to the supplier/manufacturer. In this case a restocking fee will also be deducted from your refund in accordance with the supplier/manufacturer's restocking policy. Most restocking fees range between 10% and 35% depending upon the supplier/manufacturer. We have included whenever possible the manufacturer's policies on every product page under the "Warranties" tab. Please give us a call if you have any questions about a product's return policies.
3. Some of our products are offered with free shipping. In those cases, our actual return shipping costs will be deducted from your refund.
4. Products that are made to order (custom) may not be eligible for return by the manufacturer.
• If you decide you want to return your order once you've received it:
1. Return shipping and handling costs, as well as any restocking fees, will be applied to your refund per the terms above.
2. Contact us first to set up the return. We will need to provide you with a Return Authorization (RA) number. This number needs to be included on the packaging before returning. Items returned without an RA number will not be accepted.
3. We will provide you with the correct address to return the item. Do not return the item to our corporate address.
4. Package the item carefully. Use the original box and packaging materials the item was originally shipped in unless damaged.
5. It is important to note the tracking number for the package you are returning and email it to us for our records.
6. Your refund will be issued as quickly as possible after receipt of the returned item(s) by our supplier/manufacturer.
• IMPORTANT! Note that if we repeatedly attempt to deliver your order, but cannot because you were not present to accept it (you were traveling, on vacation, you gave us the wrong address, etc), you WILL BE LIABLE for a restocking fee (per the manufacturer policy) and all return shipping expenses. The best way to avoid this is to review your order confirmation email to ensure it is correct and be present at the time of delivery, especially if it is a large item that requires signature.
• Products that have been installed, assembled, or altered in any way will not be eligible for a refund.
• We will from time to time hold a clearance sale on specific items. Clearance sales are final, cannot be returned and are not eligible for a refund. However if you received a clearance item and find there is substantial damage or some other issue, please call us. Of course we want to be fair!

• If a product arrives with missing parts, or if the wrong product was delivered (i.e. a different product than what was indicated on your confirmation email), replacement parts and/or products will be delivered at no additional cost to you.
• If you decide you do not want parts or a replacement unit, you can return the items under our standard return policy.
• Please note that all shipping expenses for replacement items and parts shipped beyond the continental United States including international, Alaska and Hawaii shipments are the sole responsibility of the customer.

• When receiving your order, please make sure you inspect the packaging for any signs of shipping damage.
• If the packaging is damaged, please immediately inspect the product for damage. If the product is damaged please do one of the following:
  1. Either have the delivery person indicate in writing on the delivery receipt that the item was damaged in shipping,
  2. Or refuse the shipment due to damage.
• If you sign the delivery receipt without noting that the shipment was damaged you may not be eligible for any credit.
• Customers who note damage on the delivery receipt and still accept the product can file a claim with the shipping company for credit at the shipping company's discretion.
• As always, please call us so we can assist you in the claims process with the shipping company. Note that, although we make every effort to partner with major shippers including FedEx and UPS, we cannot guarantee that credit will be issued by the shipping company.

• All warranty returns must be approved and handled directly with the specific manufacturer of the product(s) and at their sole discretion.
• We can act as the liaison between you and the manufacturer and offer assistance with obtaining a Return Authorization (RA) number, phone number and address but any determinations will come directly from the manufacturer and not from us.
• Warranty shipping expenses for any items shipped beyond the lower 48 continental United States are the sole responsibility of the customer.

We will ship your order using the fastest, safest, and most reliable method possible. Therefore, we have established strong relationships with some of the best delivery companies nationwide. Every product on our site has been carefully selected to ship by a particular shipping method in order to provide you with an optimal delivery experience. When your order ships, we will notify you via email. Included in your email will be a tracking number for your shipment. We encourage you to track your package online or on the phone with the carrier. Most companies can provide an estimated delivery date. Be sure to contact us if anything seems unusual with the progress of the shipment. You can also track your packages via My Account. To do so, please go to My Order History. Please note we generally cannot ship to P.O. Boxes or Military APOs (contact us for exceptions).

We generally offer the following methods of shipment depending on your order type:

• Small Parcel. We will ship smaller, lighter items via FedEx, UPS, or USPS. Depending on how close you are to the shipping warehouse, your order will arrive between 1 and 6 business days (1 to 10 business days for USPS) after it leaves the warehouse. We do not require an adult signature for deliveries, but please note that the decision to leave your package without a signature is at the discretion of the delivery person. If you want an item left at your doorstep, the best thing to do is leave a note on your door asking the driver to leave your package with "No Signature Required." Be sure to include your name and tracking number on the note.
• Self Service Truck Delivery. Many items on our website are too large or heavy to ship via UPS/FedEx, so they are shipped via Truck Delivery. Truck Delivery is different than standard UPS, FedEx, or US Mail. Once your merchandise arrives at the delivery agent's local terminal, the agent will call you to set up a 2- to 4-hour appointment for delivery. Most truck delivery companies offer appointment windows between 8:00 A.M. and 5:00 P.M., Monday through Friday. If you choose Self Service Truck Delivery, your items will be delivered to the driveway or curb outside of your address. It's "Self Service" because you'll need to move the package off of the curb or driveway yourself. You may want a friend or family member on hand for help. Please note:
  1. Sometimes freight carriers offer their own additional services. Once we send you your tracking info, you can call the carrier directly to get more info.
  2. Damage Inspection: Please make sure that you inspect the packages at the time of delivery. If the box has any damage, or if there is any reason you are concerned with its packaging or delivery, please write, "Product Damaged" clearly on the sheet the delivery agent asks you to sign. This simply insures that if there is any damage, it will make it easier to take care of the problem.
• White Glove Service. Many large or fragile items will be delivered by a white glove freight carrier to ensure the safest and most convenient delivery. White glove works similarly to truck freight, but a delivery team of at least two people brings your items into your home for you. Please note:
  1. Once your order arrives in your area, a representative from the white glove carrier will call you to arrange a 4 hour window for delivery.
  2. Damage Inspection: Please make sure that you inspect the packages at the time of delivery. If the box has any damage, or if there is any reason you are concerned with its packaging or delivery, please write, "Product Damaged" clearly on the sheet the delivery agent asks you to sign. This simply insures that if there is any damage, it will make it easier to take care of the problem.
  3. There are usually many options for white glove delivery. Factors affecting the cost of the service will include the size and weight of the product, whether it is delivered at the door or inside a room, many flights of stairs, etc. Be sure to call us so we can provide an accurate quote.
• In all cases the shipper will not hook up any electrical or component wires.

Every product on our site has an estimated Lead Time - the number of business days it takes for an item to be processed and prepared for shipment at the warehouse. To provide you with the greatest selection on the Internet, we ship from warehouses all over the country. Each lead time varies based on many different factors. Some warehouses stock items that can be shipped the same day or within 24 hours. Others items require a longer time, e.g. 2 to 4 weeks. Each product page on our site includes the estimated Lead Time, e.g. "In stock, 5 to 10 business days lead time", to give you an idea of how quickly your order will leave the warehouse.

• For Small Parcel shipments, delivery usually takes between 1 and 6 business days (except for USPS which ships in 1-10 business days) after your order is picked up from the warehouse. For expedited services such as 3-day, 2nd Day or Next Day Air, your order's travel time is locked in to the given speed you select after the item leaves the warehouse. You should remember that the estimated Lead Time still applies before the item ships out. Be sure to consult the product's Lead Time before you order with expedited shipping, and call us if you have any questions or concerns.
• For Truck Freight shipments, delivery usually takes between 3 and 6 days from when your order ships. For residential deliveries, you will be contacted for an appointment as soon as your order arrives at the local terminal. For commercial deliveries, no appointment will be made. If you need to make one, please contact us.
• For White Glove shipments, delivery usually takes between 1 and 4 weeks from the time the items leave the warehouse. Your order will travel through a nationwide network of professional moving companies who will handle your item(s) with the utmost care. You will be contacted for a delivery appointment when your order reaches the delivery agent. Although the items are handled carefully throughout transit, we require that our orders undergo a thorough inspection by the agent before delivery. We take extra steps to make sure your item is delivered in perfect condition.

Click on the "Order History" link on the Welcome page of My Account, then click on your order to view its status. If the items you'd like to track have been shipped, the tracking information will be displayed for you there. Go to my Order History.

Items marked "Free Shipping" on the product page will ship for free! In order to keep your costs down and our pricing simple we, in certain cases and depending on our seasonal promotions, may provide free shipping as indicated on the product page. In other cases we charge shipping per item. This charge, if any, is indicated in your shopping cart and covers ground shipping within the continental United States (call us for information on Alaska, Hawaii or international shipping costs). We won't surprise you with any hidden charges or handling fees. The price you see in the shopping cart at checkout is the price you pay. Please note:

• If you are shipping an order to Colorado we are required to charge sales tax.
• Certain products we offer do carry associated shipping charges either per item or per order amount. The total item shipping charges, if any, will be detailed in the shopping cart page at checkout.
• Order Amount for promotional shipping doesn't include, and offer doesn't apply to, gift cards, bulk orders, applicable shipping charges, international fees, or sales tax.
• Shipping surcharges apply to Alaska, Hawaii, and U.S. Territories.
• Some items have specific shipping charges and are not eligible towards the qualifying amount for reduced shipping rates or free shipping, when such shipping terms are available. Other eligible item(s) in your cart at time of checkout will still count towards the qualifying total, if applicable.

When you shop at ExpressToolBoxes.com, you never have to worry about credit card safety. We guarantee that every transaction you make will be safe. We use Secure Sockets Layer (SSL), an encryption technology that works with most browsers (including Internet Explorer, Firefox, Chrome, Safari), so that only ExpressToolBoxes.com can read a buyer's personal information.

Online purchases are statistically safer than using your credit card at a restaurant or department store. Technical experts state that online purchases are far safer than traditional credit card transactions because the information is immediately encrypted into a scrambled message that can only be decrypted by an authorized computer. Under the Fair Credit Billing Act, your bank cannot hold you liable for more than $50.00 of fraudulent charges. If your bank does hold you liable for any of this $50.00, we will cover the entire liability for you, up to the full $50.00. We will only cover this liability if the unauthorized use of your credit card resulted through no fault of your own from purchases made at ExpressToolBoxes.com while using our secure server.

Please note that in the event of unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.

We guarantee your absolute satisfaction, 100% of the time.

Everything listed on our site is unconditionally guaranteed. If you are not satisfied with something, please send it back within 30 days of receipt and we will gladly exchange, credit, or refund the cost of the item. Shipping and handling cannot be reimbursed, so please be aware that if you are purchasing a product that has 'Free Shipping' our actual shipping costs will be deducted from your return refund. In addition some of our items carry a restocking fee which will be deducted from your return should you wish to return them.

Please see our return policy for more information.

TERMS OF USE AGREEMENT

1. ACCEPTANCE OF TERMS. Your use of the ExpressToolBoxes.com website, including www.expresstoolboxes.com and any affiliated sites (the "Site"), tools, services, Content (as defined below) and/or products, including your shopping on the Site (referred to collectively as the "Services") is subject to this Terms of Use Agreement (this "TOU Agreement"). BY ACCESSING, BROWSING, AND/OR USING THE SERVICES (referred to as "Use" or "Using" the Services), YOU ARE DEEMED TO ACCEPT THIS TOU AGREEMENT AND YOU AGREE TO BE BOUND BY THIS TOU AGREEMENT WITH RESPECT TO USING THE SERVICES. IF YOU DO NOT WISH TO BE BOUND BY THIS TOU AGREEMENT, DO NOT USE THE SERVICES.
2. REVISIONS TO THE TOU AGREEMENT. ExpressToolBoxes.com may revise this TOU Agreement in its sole discretion. Each time changes are made to this TOU Agreement, a revised TOU Agreement will be posted on the ExpressToolBoxes.com home page. If you continue to Use the Services following the posting of a revised TOU Agreement, it will constitute your acceptance of any such changes and of the revised TOU Agreement. The most current version of this TOU Agreement will always be made available by us here. Please check this page from time to time to view the most current TOU Agreement.
3. INTELLECTUAL PROPERTY RIGHTS. The Services and all text, graphics, logos, button icons, images, audio, video, databases, design, codes, and software ("Content") are intended for your personal use. ExpressToolBoxes.com is the owner of the compilation of Content that is posted on the Site. However, ExpressToolBoxes.com may not necessarily own each component of the compilation. The Content that ExpressToolBoxes.com makes available on the Site may be owned by ExpressToolBoxes.com, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law. Some Content may be in the public domain and some Content may be protected by third-party rights, such as copyright, trademark, rights of publicity, privacy, and contractual restrictions. ExpressToolBoxes.com endeavors to provide information that it possesses about the copyright status of the Content and to identify any other terms and conditions that may apply to use of the Content (such as trademark, rights of privacy or publicity, use restrictions, etc.); however, ExpressToolBoxes.com can offer no guarantee or assurance that all pertinent information is provided or that the information is correct in each circumstance. It is your responsibility to determine what permission(s) you need in order to use the Content and, if necessary, to obtain such permission. If you have specific questions or information about Content on the Site, please contact us using the Contact Us form.All software used on the Services is the property of ExpressToolBoxes.com or our licensors and protected by United States and international copyright laws. Subject to the terms of this TOU Agreement, ExpressToolBoxes.com hereby grants you a limited, non-exclusive, non-sublicensable, non-assignable license to Use the Services for your personal use only. This license does not include any: (i) resale or commercial use of the Site or its Content; (ii) any collection and use of any product listings, descriptions, or prices; (iii) any derivative use of the Site or its Content; (iv) any downloading or copying of account information for the benefit of another merchant; or (v) any use of data mining, robots, or similar data gathering and extraction tools. You may not attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Services, in whole or in part. Downloading or copying Services (including the Content) for other than personal use is expressly prohibited without the prior written permission of ExpressToolBoxes.com or any other copyright owner. You acknowledge that you do not acquire any ownership rights by accessing, downloading, or copying any of the Services (which includes the Content), nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Services or use any meta tags or any other hidden text utilizing our names or trademarks, without the express written consent of ExpressToolBoxes.com. All rights not expressly granted herein are reserved.
4. INTERACTIVE SITE FEATURES AND THIRD-PARTY CONTENT. ExpressToolBoxes.com may provide certain interactive features, such as blogs, for the exchange of ideas and information by visitors. If ExpressToolBoxes.com provides such features, ExpressToolBoxes.com encourages you to interact with its Site, subject to the following conditions:
   • You are solely responsible for the content that you submit. You agree that all content you submit is accurate, and the use of such content will not violate this TOU Agreement or cause injury to any person or entity.
   • By posting content, you are granting ExpressToolBoxes.com (and those authorized by ExpressToolBoxes.com) a limited, non-exclusive, transferable, royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, distribute, adapt, display, publish, modify, create derivative works from, and translate such content for any educational, promotional, or other purposes without any obligation to compensate you or any other third party in any way for such use. You also grant ExpressToolBoxes.com (and those authorized by ExpressToolBoxes.com) the right, but not the obligation, to use the name that you submit with such content.
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   • You will only post content that is yours or for which you have received permission to post from the person or entity that owns the content and the related intellectual property rights.
   • You will not insert your own or a third party’s advertising or promotional content into your posting.
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   • You understand that ExpressToolBoxes.com assumes no responsibility or liability arising from the posting of your content or for any error, defamation, libel, omission, obscenity, danger, or inaccuracy contained in any posted information or from any failure or delay in removing such content or from your violation of the Children’s Online Privacy Protection Act.
   • You will not introduce any software viruses, worms, or other programs designed to damage software, hardware, or telecommunications equipment.
   • You agree that you will not collect information about the users of the Site or use such information for any purpose.
   • You are not under the age of 13.
   ExpressToolBoxes.com reserves the right to monitor content or information provided by Site visitors in its sole discretion, to edit or remove any content that, in ExpressToolBoxes.com’s judgment, does not comply with the foregoing rules, or is otherwise objectionable, inappropriate, or inaccurate. ExpressToolBoxes.com is not responsible for any user-generated content that is posted on the Site or for any failure or delay in removing such content.
5. YOUR ACCOUNT. If you create an account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. ExpressToolBoxes.com may sell products made for children, but it is ExpressToolBoxes.com’s intention to only sell such products to adults. It is ExpressToolBoxes.com’s intention to never collect or maintain information from children at the Site unless the disclosure of such information is done with verifiable parental or guardian consent.
6. EXPRESSTOOLBOXES.COM PRIVACY POLICY. Our Privacy Policy governs the collection and use of certain information that will be obtained by us as you use the Services. Please review our Privacy Policy before you use the Services.
7. AUTOMATED QUERIES ARE NOT ALLOWED. Automated queries may never be sent by you to our Services unless ExpressToolBoxes.com has provided you with express written permission. “Sending automated queries” includes, among other things:
   • using any software that sends queries to our Site to determine how a Website or Webpage “ranks” for various queries;
   • "meta searching"; and
   • performing "offline" searches on the Site.
8. SERVICES MATERIALS. You acknowledge that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. ExpressToolBoxes.com is not responsible for any Content that you upload, download, post, email, transmit or otherwise make available or access via the Services. ExpressToolBoxes.com may not control the Content posted or collected via the Services. ExpressToolBoxes.com does not guarantee the accuracy, integrity, or quality of such Content, nor does ExpressToolBoxes.com guarantee that the products, Content, and/or Services will meet your requirements or that the use of the Services will be uninterrupted or error free. ExpressToolBoxes.com is never liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services. It is your responsibility to ensure that any data or information submitted to ExpressToolBoxes.com to receive Services is true and accurate, and is kept up-to-date, including, without limitation, contact information and payment card number and associated information. Your use of any Content is at your own risk, including any reliance on the accuracy, completeness, or usefulness of the Content. You agree to:
   • only Use (or attempt to Use) the Services through interfaces provided by ExpressToolBoxes.com;
   • comply with the instructions in any robots.txt file present on the Services;
   • provide all equipment that is necessary to access the Services;
   • protect the security of the password that you use to access the Services and immediately notify ExpressToolBoxes.com through our Contact Us form if you believe or have reason to believe that such security has been breached;
   You agree to not use the Services to:
   • engage in activity that is in violation of this TOU Agreement or is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
   • harm or threaten to harm users in any manner;
   • harm or threaten to harm minors in any manner;
   • stalk or harass any person or entity;
   • impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
   • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
   • infringe any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
   • engage in activity that may interrupt, destroy, or limit the functionality of the Services or of any computer software or hardware or telecommunications equipment;
   • disrupt the normal flow of dialogue or act in a manner that negatively affects other users’ ability to engage in real time exchanges;
   • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
   • intentionally or unintentionally violate any applicable local, state, national, or international law and any regulations having the force of law;
   • use the Services to advertise or perform any commercial solicitation;
   • provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; and/or
   • collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the above paragraphs.
   You acknowledge that ExpressToolBoxes.com does not warrant or guarantee that any product descriptions or other Content on the Site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to any error, including a typographical error or error in pricing or product information received from ExpressToolBoxes.com’s suppliers, ExpressToolBoxes.com has the right to refuse or cancel any orders placed for products listed at the incorrect price. ExpressToolBoxes.com has the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card has been charged. If your credit card has lready been charged for the purchase and your order is cancelled, ExpressToolBoxes.com shall issue a credit to your credit card account in the amount of the charge as soon as reasonably possible. If you are not completely satisfied with your purchase, you may return or exchange it as described in ExpressToolBoxes.com's Return and Exchange Policy. You acknowledge, consent and agree that ExpressToolBoxes.com may access, preserve and disclose your account or user information (if such information exists) as described in the Privacy Policy or if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOU Agreement; (c) respond to claims that any of your acts violate the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ExpressToolBoxes.com, its users and the public.
   All items purchased through ExpressToolBoxes.com are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon ExpressToolBoxes.com's tender of the item to the carrier.
9. INTERSTATE DATA TRANSMISSIONS. You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
   You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by ExpressToolBoxes.com and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Services, in whole or in part, is strictly prohibited.
   By agreeing to this TOU Agreement, you acknowledge that Use of the Services results in interstate data transmissions because of ExpressToolBoxes.com's network architecture, business practices, and the manner in which electronic communications are processed.
10. INTERNATIONAL USE. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. INDEMNITY. You agree to indemnify and hold ExpressToolBoxes.com and its affiliates, subsidiaries, officers, stockholders, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you access, submit, post, transmit, or otherwise make available through the Services, your Use or misuse of the Services, your connection to the Services, your violation of this TOU Agreement, or your violation of any rights of another.
12. NO RESALE OF SERVICES. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by ExpressToolBoxes.com in a separate agreement between you and ExpressToolBoxes.com.
13. MODIFICATIONS TO SERVICE. ExpressToolBoxes.com may modify, refuse to make available, remove, or discontinue, temporarily or permanently, the Services (or any part thereof) and/or delete any Content, data, materials or information stored on the Site or in the Services at any time with or without notice in ExpressToolBoxes.com's sole discretion. You agree that ExpressToolBoxes.com shall not be liable to you or to any third party for any such deletion, modification, suspension or discontinuance of the Services or Content.
14. TERMINATION. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, unless expressly permitted and authorized by ExpressToolBoxes.com in a separate agreement between you and ExpressToolBoxes.com.
15. ADVERTISERS. Your correspondence or business dealings with, or participation in promotions of, advertisers and/or companies found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or company. You agree that ExpressToolBoxes.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and/or companies on the Services.
16. LINKS. The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that ExpressToolBoxes.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ExpressToolBoxes.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
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    ANY MATERIAL OR PRODUCTS UPLOADED, TRANSMITTED, ACCESSED, PURCHASED, OR DOWNLOADED FROM THE SERVICES (INCLUDING FROM ON THE SITE), INCLUDING, BUT NOT LIMITED TO, CONTENT, FILES, OR SOFTWARE, OR MATERIAL OR PRODUCTS OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS PURCHASED, USED, AND/OR ACCESSED AT YOUR OWN DISCRETION AND RISK; AND EXPRESSTOOLBOXES.COM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES TO ANY COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM THE USE OF THE SERVICES OR UPLOAD, POSTING, TRANSMITTAL, PURCHASE, OR DOWNLOAD OF CONTENT, FILES, OR SOFTWARE OR OTHER MATERIAL OR PRODUCTS OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES.
    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PRIMARYSAFES.COM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU AGREEMENT.
    A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICES. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY OR COMPANY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICES. IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXPRESSTOOLBOXES.COM, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, STOCKHOLDERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PRIMARYSAFES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SERVICES.
19. EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. NO THIRD PARTY BENEFICIARIES. This TOU Agreement is not enforceable by or for the benefit of any third party.
21. TRADEMARKS. Without ExpressToolBoxes.com's prior permission, you agree not to display or use in any manner the ExpressToolBoxes.com marks.
22. DMCA NOTICE. If you are a copyright owner or an agent thereof and believe that any content, information, or communication on the Site infringes upon your copyrights, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512 (the "DMCA"). All notices of infringement should be sent to the Designated Agent of ExpressToolBoxes.com identified below and should include the following information: (a) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest, (b) a description of the copyrighted work that you claim has been infringed, (c) a description of where the material that you claim is infringing is located on the Site, (d) your address, telephone number, and e-mail address, (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
    Notices of infringement should be directed to the following Designated Agent of ExpressToolBoxes.com:
    ExpressToolBoxes.com
    Attn. Legal Dept
    12835 E. Arapahoe Rd, Suite 1-300
    Centennial, CO 80112
    Or e-mail us using our Contact Us form
    If you submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
23. ELECTRONIC COMMUNICATIONS. You agree to receive communications from ExpressToolBoxes.com electronically. ExpressToolBoxes.com will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that ExpressToolBoxes.com provides to you electronically satisfy any legal requirements that such communications be in writing.
24. GENERAL INFORMATION.
    • Entire Agreement. This TOU Agreement constitutes the entire agreement between you and ExpressToolBoxes.com and governs your use of the Services, superseding any prior agreements between you and ExpressToolBoxes.com with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ExpressToolBoxes.com products and/or services, affiliate services, third party content, or products, or third party software.
    • Choice of Law and Forum. This TOU Agreement and the relationship between you and ExpressToolBoxes.com shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado, excluding its conflict of law provisions. You and ExpressToolBoxes.com agree to submit to the personal and exclusive jurisdiction of the courts located within Arapahoe County, Colorado.
    • Waiver. The failure of ExpressToolBoxes.com to exercise or enforce any right or provision of this TOU Agreement or breach of this TOU Agreement by you shall not constitute a waiver of such right or provision.
    • Severability. If any provision of this TOU Agreement is deemed to be unenforceable by a court of competent jurisdiction, such provision will be changed and interpreted to accomplish the objections of such provision to the greatest extent possible under applicable law and the remaining provisions of this TOU Agreement will continue in full force and effect.
    • Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOU Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    • Section Titles. The section titles in this TOU Agreement are for convenience only and have no legal or contractual effect.
25. VIOLATIONS.Please report any violations of this TOU Agreement to the following:
    ExpressToolBoxes.com
    Attn. Terms of use Contact
    12835 E. Arapahoe Rd, Suite 1-300
    Centennial, CO 80112
    Or e-mail us through our Contact Us form
    

The effective date of this TOU agreement as modified is January 1, 2012.

(1) If your order has already shipped you may be liable for return shipping & handling and restocking fees. See the full policy for more information.