Agreement to Terms
Purpose of Site
Limitations on Use of Site
Any Content, including, but not limited to, data, text, software, music, sound, photographs, images, graphics, video and messages contained on this Site may be proprietary to Bosch Tool, its licensors and/or contributors of such Content. The organization and layout of the Content are proprietary to Dremel and are protected by copyright and other laws. You may not remove or alter any copyright information, whether ostensible (e.g., ©) or inostensible (e.g., digital “watermarks”) employed by the owners or representatives of such proprietary Content to identify or protect their works.
You may not, except as expressly set forth above, or otherwise expressly or impliedly provided on the Site: (a) distribute, disclose, copy, reproduce, display, publish, transmit, assign, sublicense, transfer, provide access to, use or sell, directly or indirectly (including in electronic form) any portion of the Content; (b) modify, merge or create derivative works of any portion of the Content; or (c) decompile, disassemble or reverse engineer any Content on the Site;
You must be at least eighteen (18) years old, have legal capacity to enter into a contract with Dremel’s, and use the Site in accordance with the Terms. You ensure that all information You provide when placing Your Order is up to date, accurate, and sufficient for fulfillment of Your Transaction.
If You are a new customer, before being able to place Your Order, You may be required to create an account and provide accurate information including an email address and telephone number at which you can be contacted. You can find specific details regarding Your Transaction and/or Offerings by logging into your account.
Price, Payment Terms, and Payment Methods.
Prices paid are those in effect at the time of delivery, unless expressly agreed otherwise. Despite our efforts, occasionally an error or inaccuracy in the price or description of an Offering may inadvertently occur on the Site. In such case, Dremel will contact you for instructions before delivery where you have the option to (i) cancel Your Order at no cost, or (ii) proceed with Your Order based on the revised information when possible.
Dremel reserves the right to withdraw any discount and/or to revise any price(s) on the Site or for our Offering(s) at any time prior to acceptance of Your Order. The final Transaction price will be reflected prior to the confirmation of Your Order.
The places or countries that Dremel delivers the Offering to the United States only. Shipping charges to Alaska and Hawaii may differ from other states, please contact our Dremel customer service for more information.
Unless otherwise specified, prices quoted on the Site are:
• Exclusive of the costs of shipping or handling to the place of delivery within the contiguous United States Territory (charges for which are referenced on the Site), if applicable; and
• Exclusive applicable taxes must be added to the price payable.
In the event of a "Free Shipping" offer, Dremel will not charge customers for any ground shipping costs within contiguous United States.
You agree to pay any applicable taxes, shipping or handling for the Offering(s) as specified when you submit your Order. Any cost associated with accessing the Site is your responsibility and is dependent on Your Internet service provider.
Payment may only be made using the payment options available and specified on the Site.
Dremel reserves the right to use authorized third parties to assist with certain payment processing and transactional functions, which may include the use and secured transfer of your personal and/or payment information. Dremel also reserves the right to change or amend authorized third parties. Our use of third parties benefit you by allowing us to offer a variety of payment methods and decrease failed Transactions.
Dremel reserves the right to verify credit/debit card payments prior to acceptance of Your Order.
Delivery and Risk of Loss and Damage.
1. Delivery times and dates referenced to on the Site or in any communications from Dremel are estimates only, and Dremel is not liable in the event of a delivery delay. The delivery of your Order occurs promptly after Dremel accepts the Order, and no later than thirty (30) days from the date you submitted your Order via the Site. In the unlikely event that we are unable to deliver within this time, You will have the option to i) allow more time for Your delivery, or ii) cancel Your Order and obtain a refund for prior payment for that Order.
2. Changes made to your Delivery Address after you submit an Order may cause a delivery delay. Dremel may charge you for any extra costs arising from changes made to your Delivery Address after You submit an Order.
3. All risk in the Offerings, including risk of loss or damage, passes to You upon delivery or when placed in Your possession.
4. If You refuse or fail to take delivery of the Offering, provided in accordance with these Terms, any risk of loss or damage shall nonetheless pass to You, without prejudice to any other rights or remedies Dremel may have, including:
4.1. Dremel shall be entitled to immediate payment in full for the Offering delivered and to effect delivery by whatever means Dremel considers appropriate, or to store the Offering at your risk and expense;
4.2. You shall be liable to pay on demand all costs of the Offering’s storage and any additional costs incurred as a result of Your refusal or failure to take delivery; and
4.3. If you refuse or fail to take delivery for a period of 30 days, Dremel may dispose of the Offering transacted by You at Dremel discretion.
Returns and Refunds
Please review Dremel Return Policy, which should also be known in some jurisdictions as a cooling off period. Most of Dremel Offerings purchased via the Site include a 30 day refund if you are not satisfied for any reason. Your eligibility for a refund may depend on the Offering, duration since the Transaction, the current state of the product(s), replacement availability, etc. Dremel holds the right to not refund shipping costs.
You may not alter, unbundle, or break any Dremel Offering down to components for distribution, transfer, resale or any other purposes. You are strictly prohibited from separating a license key from any Offering and transferring to a third party for any purposes.
Dremel does not guarantee the ability to cancel an order once placed on the site. We will do our best effort to stop an order once placed by calling 800-437-3635, however due to timing we may not be able to stop the shipment. This order is still eligible for our refund policy.
When using the Site or Content, you may not:
(1) upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, images, graphics, video, messages or other content that (a) is unlawful, threatening, abusive, harmful, libelous, tortious, defamatory, obscene, vulgar, racially or ethnically offensive or otherwise objectionable; (b) infringes any patent, copyright, trademark, trade secret, or other proprietary right of any party or violates the privacy or publicity rights of any party; (c) you know or, with the exercise of reasonable effort, should know to be false, misleading, or otherwise unreliable; or (d) you do not have a right to transmit under any law, contractual obligation (i.e., nondisclosure agreement) or fiduciary duty;
(2) encourage or engage in illegal activity;
(3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(4) upload, post, e-mail or otherwise transmit any material that contains software viruses, files or programs designed to interrupt, modify, damage, improperly access, disable, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(5) interfere with or disrupt, or attempt to interfere with or disrupt, the Content or servers or networks connected to the Site;
(7) engage in any fraudulent activities or otherwise interfere with or disrupt, or attempt to interfere with or disrupt, the activities of other users of the Content or the Site;
(8) use any robot, bot, spider, other automatic device, or manual process to monitor or copy the Site or any Content contained thereon without Dremel prior expressed written permission; or
(9) use any software, device, routine, or manual process to interfere or attempt to interfere with the proper functioning of the Site or the Content.
The Site employs various trademarks and service marks of Dremel or other Bosch affiliates. You may not use or display such marks in any manner without the prior written permission of Dremel. This Site may also employ other trademarks and service marks that are the property of third parties, or are licensed to, or owned by Dremel. All of these trademarks and service marks are the property of their respective owners. You agree not to use or display them in any manner without the prior written permission of the applicable trademark owner.
Copyright Infringement Claims and Designated Agent
It is the policy of Dremel to respond to claims of intellectual property infringement. Dremel will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and other applicable intellectual property laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated
Agent for this site:
Robert Bosch Tool Corporation
1800 W Central
Mt. Prospect, IL 60056
To be effective, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
The Site may include links to other online sites or locations, such as news and other information, some of which may be operated by Dremel and others of which are operated by third parties. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. We have not reviewed the information on other sites and are not responsible for the content of any other sites or any products or services that may be offered through other sites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. Different terms and conditions may apply to your use of any linked sites and it is your responsibility to comply with such other terms and conditions.
Remedies for Breach
IF YOU CAUSE A TECHNICAL DISRUPTION OF THE SITE, CONTENT, OR SERVICES OR THE SYSTEMS TRANSMITTING THEM TO YOU OR OTHERS, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING FROM THAT DISRUPTION.
You agree to indemnify and hold harmless Dremel and its affiliates and their respective officers, agents, partners, directors and employees, from and against any third party claim or demand (including reasonable attorneys’ fees), arising out of or relating to your use of the Site. You shall cooperate as fully as reasonably required in the defense of any such claim or demand. Dremel 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 Dremel shall not in any event settle any such matter without the written consent of the other.
THE SITE AND THE SITE'S CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. DREMEL EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, OR GUARANTEES (A) AS TO TITLE, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, (B) AS TO THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENTS OF THE SITE AND (C) AGAINST INFRINGEMENT FOR ANY CONTENT FEATURE OR SERVICE AVAILABLE ON THE SITE OR LINKED TO THE SITE. DREMEL DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE SITE OR SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR SERVICES WILL BE SECURE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DREMEL SHALL CREATE ANY WARRANTY OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. DREMEL RESERVES THE RIGHT, TO THE EXTENT THAT IT HAS ABILITY TO DO SO, TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE, SERVICES OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THE SITE OR USE SERVICES OFFERED ON THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DREMEL OR THROUGH OR FROM THE SITE, CONTENT, OR SERVICES SHALL CREATE ANY WARRANTY OF ANY KIND.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT (A) DREMEL AND ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING DREMEL CONTENT OR SERVICES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE, CONTENT, OR SERVICES OR ANY OTHER SITE, CONTENT OR SOFTWARE, SERVICES YOU ACCESS THROUGH A LINK FROM THE SITE, CONTENT, OR SERVICES, 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) DREMEL AND ITS RESPECTIVE OFFICERS, AGENTS, PARTNERS, DIRECTORS AND EMPLOYEES AND (B) ANY THIRD PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, CONTENT, OR SERVICES 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 USE OF THE SITE, CONTENT, OR SERVICES.
UNDER NO CIRCUMSTANCE WILL DREMEL OR ANY OF ITS RESPECTIVE OFFICERS, AGENTS, DIRECTORS, PARTNERS, OR EMPLOYEES BE LIABLE IN ANY WAY FOR ANY USER CONTENT OR ANY USER'S USE OF THE SITE, CONTENT, OR SERVICES, INCLUDING, BUT NOT LIMITED TO, FOR ANY ERRORS OR OMISSIONS IN OR ON THE SITE, CONTENT OR SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE, CONTENT OR SERVICES.
Modifications to Site and Content
Dremel is continuously updating and changing the Site's Content and services and reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part thereof with or without notice. You agree that Dremel shall not be liable to you or to any third party for any modification, suspension or discontinuance of such Content or service.
Arbitration, Choice of Forum and Choice of Law