3. Eligibility. The Program is open to legal residents of the United States who are who are eighteen (18) years of age or older (or the age of majority, whichever is greater) and of legal age to form a binding contract. Employees of RBTC and their family members are prohibited from participating. Participants are subject to all applicable federal, state and local laws and regulations. Void where prohibited by law. RBTC reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of the Program as solely determined by RBTC.
4. Eligible Products. Eligible products will vary according to the promotion. Items that are eligible for the discount will be stated with the coupon code communication in the form of a list for eligible products of a list of products to which exclusions apply. In case there is no specific copy stating eligible products, the customer can consider that all Shop.Dremel.com products are eligible for the discount.
5. How to Earn Discount. Consumers will have access to the discount code through different channels depending on the promotion. Those channels include email, social media and Shop.Dremel.com. Discount code is valid for a one-time use per customer on select items as stated in Eligible Products.
6. Discount Limitations. Participants may not combine more than one coupon code in one single purchase. Unique Code is limited to one use per customer. The Unique Code has no monetary value and may not be redeemed for cash. It is not transferable and may not be auctioned, traded, bartered or sold. Cases in which the discount has an expiration date, it will be communicated with the discount code and eligible products.
7. Restrictions. Participants cannot refer themselves or create multiple accounts to participate in the Program. In addition, you may not (i) tamper with the Program, (ii) act in an unfair or disruptive manner, or (iii) use any system, bot or other device or artifice to participate or receive any benefit in the Program. You may not sell, trade, or barter your Unique Code under any circumstances. You also agree that you will not pay to advertise your Unique Code or the Program including, without limitation, via Google, Facebook, Instagram, Twitter, Bing and Craigslist.
CAUTION: ANY ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, RBTC RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW.
8. No Spamming or Sharing. You agree that you will not share or spam anyone with your Unique Code or an invitation to participate the Program in anyway, and that you at all times will remain compliant with CAN-SPAM, the TCPA, and other applicable laws. The following specific activities are prohibited: (1) mass emailing, texting or messaging people you do not personally know; (2) use of automated systems or bots to distribute or post to your Unique Code; and (3) use of scripts, programed or automatic dialers to communicate your Unique Code. Such activities may be grounds for immediate termination from the Program and further legal action. RBTC has no obligation to monitor the Program or any communications; however, the RBTC may choose to do so and remove any such content, or prohibit any use of the Program. Referrers who do not comply with the law are obligated to indemnify the Program Parties (defined below) against any liabilities, costs and expenses it incurs as a results of such activities.
9. Indemnity. You agree to indemnify and hold harmless RBTC and its affiliates and their respective officers, agents, partners, directors and employees (“Program Parties”), from and against any third party claim or demand (including reasonable attorneys’ fees), arising out of or relating to your participation in the Program. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. RBTC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense. Neither you nor RBTC shall not in any event settle any such matter without the written consent of the other.
10. Disclaimer of Warranty. THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. RBTC EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE PROGRAM PARTIES MAKE AND GIVE NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
11. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT (A) THE PROGRAM PARTIES AND (B) ANY THIRD PARTY INVOLVED IN THE PROGRAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROGRAM, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ELECTRONIC OR OTHER MESSAGES YOU SEND US. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.
YOU RELEASE (A) THE PROGRAM PARTIES AND (B) ANY THIRD PARTY INVOLVED IN THE PROGRAM FROM CLAIMS, DEMANDS AND DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, AND ANY OTHER DAMAGES) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR PARTICIPATING IN THE PROGRAM.
12. Arbitration, Choice of Forum and Choice of Law. You and RBTC agree to submit all disputes between them arising out of or relating to the Program and these Terms and/or the breach, alleged breach or interpretation thereof, to binding arbitration except that this provision shall not apply to requests for injunctive relief. Within thirty (30) days after you or RBTC has notified the other in writing that it is submitting a dispute to arbitration, one arbitrator shall be chosen under the then current Rules of the American Arbitration Association (hereinafter "AAA") pertaining to commercial disputes. The ensuing arbitration shall be held in Chicago, Illinois, and shall be conducted according to the Rules of the AAA. The arbitration award shall be by a written decision containing findings of fact and conclusions of law and shall be final and binding. It may be entered in and enforced by any court of competent jurisdiction. The party prevailing in the arbitration or any other legal proceedings shall be entitled to recover its costs including reasonable attorney's fees incurred due to the arbitration or other legal proceedings. In no case shall the arbitrator be authorized to award cost and damages otherwise prohibited herein.
The Terms shall be governed by and construed in accordance with the laws of the State of Illinois without regard to Illinois' choice of law rules, it being the intent of the parties that the internal laws and forum of Illinois shall govern any and all disputes arising out of or relating to the Terms. You consent to the jurisdiction of the state and federal courts of the State of Illinois for purposes of injunctive relief and enforcement of an arbitration award, consent to service of process by mail for purpose of instituting such legal proceedings.
13. Severability. In the event any portion of the Terms is determined to be illegal, invalid or unenforceable in any respect, such part shall be deemed severed from the Terms without invalidating the remaining provisions of the Terms or affecting the enforceability of such remaining provisions.
14. Waiver. No waiver by RBTC of any right under or term or provision of the Terms will be deemed a waiver of any other right, term, or provision of the Terms at any time.
15. Changes to the Terms. RBTC reserves the right, in our complete and sole discretion, to change the Terms at any time by posting revised terms. It is your responsibility to check periodically for any changes we may make to the Terms. Your continued participation in the Program following the posting of changes to these Terms or other policies means you accept the changes.