Terms of Use
Last Modified on June 11, 2024
Acceptance of these Terms
It’s pretty simple, really. Use our products. Agree to the terms. Here’s the legal stuff: By using ShareMyToolbox, whether as a Visitor or Member, you accept and agree to be bound by these Terms. Please read these Terms carefully before you start to use ShareMyToolbox, as well as the ShareMyToolbox Privacy Policy. If you do not agree to these Terms or the ShareMyToolbox Privacy Policy you must not access or use ShareMyToolbox.
Commercial Terms
Free Business Trial Subscription
Customers can sign up for a free 14 day trial subscription. The free trial is limited to 5 user connections, but all other functionality is not limited. At the trial expiration Business functionality is turned off. The customer can continue to use the free version of the software or convert the trial into a paid subscription.
Paid Subscription
Members can subscribe to ShareMyToolbox on a monthly or annual basis. This means you pay monthly or annually with no long-term commitment required. Subscriptions are recurring until cancelled. Typically we offer an annual subscription at a discounted rate, otherwise, why would you want to pay us in advance? We reserve the right to change our rates at any time.
Subscription Upgrades
If you upgrade your subscription, i.e., add more user connections, your subscription rate will be prorated for the remainder of your term. If you have trouble doing that math, don’t worry because we calculate it on screen when you upgrade.
Subscription Downgrades
You can downgrade your subscription, i.e., reduce user connections, at any time. However, downgrades will go into effect at the end of your current subscription term, so you ain’t getting any money back. If you downgrade your subscription you will need to delete user connections for the downgrade to take effect.
Subscription Cancellation
We want to be as clear as possible on paid subscription cancellations. The customer subscribes online and must cancel online via their member login on our website. Although we love to hear from our customers, do not call us to do this for you. We built a really easy way to cancel it yourself. When you cancel a subscription, it will go into effect at the end of the current subscription term. You will still be able to access your subscription until the cancellation goes into effect. Not surprisingly, your credit card on file will be charged on a recurring basis until you cancel your subscription.
Changes to ShareMyToolbox
We can change, delete, suspend or do whatever we want to the website or app without letting you know and we have no liability for doing so. That could prove to not be a good idea, but we’ll maintain that right. We will not be liable if for any reason at all or any part of ShareMyToolbox is unavailable at any time.
Information About You and Your Access of ShareMyToolbox
We wrote this other legal document called a Privacy Policy. It’s a good read if you have time. All information we collect on or through ShareMyToolbox is subject to this Privacy Policy. By using ShareMyToolbox, you consent to all actions taken by us in compliance with the Privacy Policy.
Account Security
You’re responsible for your user name and password. Use some common sense and don’t write this on a rest area bathroom wall. Let us know if this happens.
Permitted and Unpermitted Use
The www.sharemytoolbox.com website contains information about our products, services and other stuff and anyone can use it. If you don’t agree with anything here, we’re not twisting your arm to stay. Please leave.
No Unlawful or Prohibited Use
Do not use our website or the ShareMyToolbox database for anything even remotely illegal. Also, do not interfere with anyone else’s use. If you do, we reserve the right to tattle to the NSA, Secret Service, FBI or local Sheriff’s department.
Intended Users
If you’re using our stuff, you agree that you’re over 18 years old. We don’t want anyone younger cataloging their tools, not that they have any. OK, maybe they catalog and share video games. Why this is a legal problem I don’t know. If they do for some reason, we won’t market anything to them, not that we would want to because they have no money anyway.
Posting Content and Interacting with Other Users
ShareMyToolbox allows you to interact with other users we call “Connections” or you might make comments on our blog. Perhaps in the future we will add a forum. Nevertheless, here are some rules for this:
(a) Rules Regarding Posting Content. You’re responsible for your posts. Don’t do stupid or illegal stuff. If you do, we may delete it or turn you over to the authorities.
(b) Ownership of Content. ShareMyToolbox owns whatever you post. We don’t think anyone is posting the next million-dollar idea, but if you do post it on our platforms we can use it.
We aren’t paying you for anything you post.
Don’t post other people’s stuff (meaning secrets, trademarks, etc.) or violate their privacy. If you do, it’s your problem, not ours, although we’ll make every effort to remove it promptly. This includes us complying with the Digital Millennium Copyright Act (Sounds like a fancy government term. Just Google it to know what it says).
(c) Retention and Storage. We might save the stuff you post or we might not. Even if you don’t post it we might still save it.
Intellectual Property and Trademarks
Our website and other materials are ours. Don’t copy, reproduce or distribute anything. Unless it somehow makes us more money, but you’ll need to ask first. If you do use our materials with written permission then you have to mark it with this:
“© 2024 ShareMyToolbox, LLC. All rights reserved”
If you do choose to violate this provision, we’ll turn you over to the Bureau of Copyright Infringement or whatever other government agency handles such matters.
Logos and Designs
We love to see our logos and designs plastered everywhere. However, the ShareMyToolbox name and logo
, and all related names, logos, product and service names, designs, and slogans are trademarks and/or copyright of ShareMyToolbox. You must not use these marks and copyright without the prior written permission of ShareMyToolbox.
Infringement Policy
If you think we have violated a copyright, let us know and we will respond and remove such material. This doesn’t mean we think we are guilty. This applies to users as well and we may terminate their accounts.
Infringement Notification
If you believe your stuff has been displayed or otherwise used by us in a manner that infringes your copyright, you should send us a snail mail or email to our Designated Agent. If you make a claim that isn’t true, you may be liable for wasting our time and several of our attorney’s boat payments. If you are unsure whether your work has been infringed, we recommend that you contact your attorney before sending notice to our Designated Agent.
You must use the following format for your written notification:
(a) We’re not the brightest people, so make sure you identify in sufficient detail your copyrighted work that you believe we have infringed;
(b) Identify what stuff of ours that you claim infringes your copyrighted work. You must identify everything that you believe infringes, describe how it infringes your work, and describe where it is located with sufficient detail so that we can find it and remove it, proving that we believe that we have infringed on the infringement;
(c) Provide your contact information, including your full name, mailing address, telephone number and e-mail address. Maybe provide your date of birth, name of your first-born, mother’s maiden name, social security number and 3 major credit cards (just kidding on the last few);
(d) You must include a statement that, under the penalty of perjury (Can we also include 20 lashes with a wet noodle? No?), you have a good-faith belief that use of our stuff in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(e) You must include a statement that the information in the notification is accurate, and, under penalty of perjury (and a loss of 15 yards… does that apply?), that you are the copyright owner or that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; and
(f) You must sign the written notification physically, metaphysically or electronically.
In addition to the foregoing, it would help if you included a copy of the copyright Certificate of Registration for your work, if any, or other information that supports your claim that the work is protected by copyright and that you are the owner of that copyright.
Review of Infringement Notices
After the Designated Agent receives your infringement notice, we will review it. If your notice contains the required information as explained above and if we have a good-faith belief that our stuff is infringing your copyright, we will remove or disable access to the infringing stuff.
Counter Notification
The provider of affected stuff may make a counter notification pursuant to the DMCA. Follow the same procedures as the original notification above.
Review of Counter Notification
After the Designated Agent receives your counter notification, we will review it and follow the same procedures as the original notification above.
Designated Agent
Our Designated Agent to handle copyright notices is:
ShareMyToolbox, LLC
Attn: DMCA Agent
Address: 128 Ridge Dr. Troy, NC 27371
E-mail: info@sharemytoolbox.com
Phone: (866) 768-TOOL
ShareMyToolbox’s Digital Millennium Copyright Act Policy
ShareMyToolbox has adopted this policy in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
Links to Third-Party Sites
Our website might have links to other places. When we created the link it was all good. Where they take you is not our problem once you get there.
Warranty Disclaimer
We don’t claim that anything we do is accurate, otherwise known as the Warranty Disclaimer, and we “expressly disclaim” that it will meet anyone’s requirements. Geez, I can’t believe the lawyers make us say this. Also, we try to make sure we don’t have viruses. It would be stupid for us to give paying customers or potential customers a virus. Again, hopefully you have taken common sense measures, such as anti-virus software, to protect yourself. If not, it ain’t our problem.
Limitation of Liability
Like we said before (to the extent the law will allow) we’re not liable for anything. If you lose data, get a virus, the website goes down or you’re not satisfied with the website, it’s not our problem. Our lawyers say this is the “limitation of liability” clause. Your sole remedy is to quit using our stuff.
Limitations to the Previous Two Sections
Our lawyers also said that sometimes we can’t limit our liability and make it your problem. If one of those circumstances applies to you, our liability is limited to what you paid us.
Indemnification
If you violate any of our Terms of Use, you agree to defend, indemnify, and hold us harmless and our officers, directors, employees, agents, successors, and assigns from and against any and all claims, causes of action, or demands, including without limitation reasonable attorneys’ fees and costs. We know … blah, blah, blah. But it’s important we state it.
Termination/Access Restriction
We think we said this already, but our lawyer is paid by the word and he insists on stating it again. If you violate any of these Terms of Use, we might terminate your access to the Website, and any related products and services. Anything that happens is not our problem and we won’t return any money. If we terminate you, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account. We might keep a copy for backup purposes though.
Discontinued Use/Survival
If you quit using our stuff for whatever reason, the Terms of Use will still apply.
Modification to Terms of Use
We can change our Terms of Use anytime, so you had better check back here frequently. If we make a really big change, we will also notify you by email. Any changes take effect immediately, but we’ll keep old versions for your review.
Contact Us
If you have comments, questions or wish to put us on your Christmas card list, you can reach us here:
Address: 128 Ridge Dr. Troy, NC 27371
E-mail: info@sharemytoolbox.com
Phone: (866) 768-TOOL
Severability
If any of our Terms of Use are found to be invalid that doesn’t make everything invalid.
General
(The lawyer needed money for a boat payment on this one). These Terms of Use are governed by the laws of the State of North Carolina, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts, both federal and state, in Charlotte, North Carolina, U.S.A. in all disputes arising out of or relating to the use of our products and services. Use of our stuff is unauthorized in any place that does not give effect to all provisions of these Terms of Use. You agree that your only relationship to us is as a customer and nothing else as a result of these Terms of Use or your use of our stuff. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of our stuff or information provided to or gathered by us with respect to such use. If we fail to act with respect to your breach or default of any of these Terms of Use, we are not waiving our right to act with respect to any subsequent and/or similar breach or default. You may not assign, delegate, or transfer your rights or obligations under these Terms of Use, but we might without your permission. Unless otherwise specified in these Terms of Use or agreed by you and us in writing, these Terms of Use constitute the entire agreement between you and us with respect to our stuff. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use or your use of our stuff to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted in these Terms of Use are reserved by ShareMyToolbox.