TERMS & CONDITIONS

By downloading or using the app, the following terms and conditions (“Terms of Use”) constitute an agreement between you and ToolBelt, Inc. and the services you use on our app (“Services”).  You have read, and understand, and agree to these Terms of Use and our Privacy Policy and acknowledge that you are at least 18 years old.  If you do not agree to these Terms of Use and the Privacy Policy, do not use these Services.

Changes to Terms of Use

We may revise and update these Terms of Use.  Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. 

Scope and Restrictions on Use

Subject to these Terms of Use, ToolBelt, Inc. grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use or legitimate business purposes, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”).  Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any  other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of ToolBelt, Inc.  You agree not to:

  • collect information from the Services using an automated software tool or manually on a mass basis;
  • use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
  • obtain, or attempt to obtain, access to areas of the Services or our system that are not intended for access by you;
  • “flood” the Services with requests to otherwise overburden, disrupt, or harm the Services or our systems;
  • restrict or inhibit other users from accessing or using the Services;
  • modify or delete any copyright, trademark or other proprietary rights notices that appear on the App or in the Content; or
  • access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

Users of Services are Independent

Toolbelt, Inc. provides a technology platform connecting independent builders, contractors and skilled workers (“Users”) with one another. Any employment or independent contractor relationship entered into between or among Users is directly between and among the Users; ToolBelt, Inc. is not a party to any such relationship.  You acknowledge and agree that the relationship between you and Toolbelt, Inc. is
limited to payment to ToolBelt, Inc. for use of ToolBelt Inc.’s technology platform. Users are neither employees nor independent contractors of ToolBelt, Inc. No joint venture, franchisor-franchisee, partnership or agency relationship is intended or created by these Terms of Use. The Services offered by Toolbelt Inc. do not include those of a contractor, builder or worker. Toolbelt, Inc. does not in any way employ, supervise,
manage, direct, or control the work of Users in any way and does not assess or guarantee the suitability, legal work status, skills, or abilities  of any User. Toolbelt, Inc. does not verify Users’ compliance with applicable laws or regulations and has no responsibility or liability for acts or omissions by any User.

Ownership

The Services (Including the Content) are owned by ToolBelt, Inc. and are protected under copyright, trademark, and other appliable United States and international laws and treaties  Without limiting the foregoing, the trademarks, service marks, and logos displayed on this site are registered and unregistered marks of ToolBelt, Inc. and its licensors.  You acknowledge and agree that, as between you and ToolBelt, Inc., ToolBelt, Inc. is an shall remain the sole owner of the services and the Content, including without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

Privacy Notice

You acknowledge and agree that all information collected by ToolBelt, Inc. is subject to our Privacy Policy By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Notice. 

Account Registration and Security

Access to and use of certain Services may require you to register for an account.  You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date.  You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities.  You may not share your account with anyone or allow anyone else to access or use your account.  You are responsible for maintaining the confidentiality of your account information, including your username and password.  You agree to immediately notify ToolBelt, Inc. of any unauthorized use of your account, or any other breach of security.  We are not liable for any loss or damage arising from your failure to protect your username or password.

Electronic Communications

The communications between you and ToolBelt, Inc. via the services use electronic means.  For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Change and Suspension of Services

ToolBelt, Inc. reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (Including any Content) at any time.  You agree that ToolBelt, Inc. will not be liable to you or to any third party for any such change, suspension, or discontinuance.

ToolBelt, Inc. has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof if you violate these Terms of Use.  If we suspect or terminate your access to Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Disclaimer of Warranties

The Services and the Content are provided to you on an “as is” and “as available” basis, without warranties of any kind, and ToolBelt, Inc. hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  Neither ToolBelt, Inc. nor any person associate with ToolBelt Inc makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services or the Content.  Without limiting the foregoing, neither ToolBelt, Inc. nor anyone associated with ToolBelt, Inc. represents or warrants that the Services or the Content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services, the Content, or the servers that make them available are free of viruses or other harmful components, or that the Services or the Content will otherwise meet your needs or expectations.

Limitation of Liability

To the fullest extent permitted by law, in no event will ToolBelt, Inc. or its officers, directors, employees, agents, licensors, or service providers be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your use of or inability to use the Services or Content, including but not limited to, personal injury or death, loss of revenue, loss of profits, loss of business, loss of use, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.  If, notwithstanding the provisions of this section, ToolBelt, Inc. is found liable for any loss, damage, or injury under any legal theory relating in any way to the subject matter of these Terms of Use, in no event will ToolBelt, Inc.’s total liability to you or any third party exceed the total amount of fees, if any paid by you to ToolBelt, Inc. in the twelve month period preceding the event giving rise to the claim or U.S. $100, whichever is less.  The foregoing limitations shall apply even if your remedies under these Terms of Use fail their essential purpose.  Use of the Services are at your own risk.

Indemnification

You agree to indemnify, defend, and hold ToolBelt, Inc. and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content, or any violation of these Terms of Use or applicable law.  We reserve the right, at our own expense to assume the exclusive defense and control of any action subject to indemnification by you, and in such event, you agree to cooperate with us in defending such action.  Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Use.

Third-Party Materials

The Services may display, include, or make available third-party content (including data, information, applications and other products service and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”).  You acknowledge and agree that ToolBelt, Inc. is not responsible for any Third-Party Materials.  Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

Third-Party Platforms

ToolBelt, Inc. may provide the Services to you through third-party websites, operating systems, platforms, and portals (collectively, “Third-Party Platforms”)  Additional terms and conditions may apply to you with respect to your use of Third-Party Platforms, which are not under ToolBelt, Inc.’s control.  ToolBelt, Inc. does not assume any responsibility or liability for your use of such Third-Party Platforms.

Governing Law; Jurisdiction and Venue

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of Oregon, other than such laws and case law that would result in the application of the laws of jurisdiction other than the State of Oregon.

Questions and Complaints

If you have any questions about our privacy practices, these Terms of Use, would like to report unethical behavior, or if you would like to make a complaint, please contact us at [email protected] or 10818 NE Coxley Dr. Vancouver, WA 98662.