PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

Wilmar, LLC (“Wilmar, LLC,” “we,” or “us”) welcomes you to its website ("Site") and hopes that you find it informative and useful. Please note that your use of this Site is governed by the following Terms and Conditions (the "Terms"). By using or visiting this Site you are expressly agreeing to be bound by these Terms and to follow these Terms and all applicable rules and regulations governing this Site whether you use the Site as a guest or a registered user. Modifications and updates may be made to these Terms at any time and your use of the Site shall constitute your agreement to any such modification or updates.

Please read the Terms carefully before you start to use the Site. If you do not agree with any of these Terms, your sole recourse is to not use this Site. If you violate the Terms of this Site, Wilmar, LLC may terminate your use of the Site, bar you from future use of the Site and/or take any or all appropriate legal action against you.

ACCESSING THE SITE

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Site.
• Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

PERMISSIONS

The Site and all of its contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively the “Materials”) are owned by Wilmar, LLC, its licensors, or other providers of such material.

 

As a guest or registered user of this Site, you are hereby granted permission to use the Materials presented (such as product brochures or product specifications) by Wilmar, LLC provided that your (1) use of the Materials are limited to any access permissions you receive, if any; (2) use shall be limited to informational and non-commercial or personal use only and you shall not copy or post the Materials on any network computers or broadcast the Materials in any media without Wilmar, LLC’s express written permission; (3) use shall include the copyright notice printed below in all copies and that this permission notice and the copyright notice also appear; and (4) use makes no modifications of any Materials.

Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Materials for distribution in the classroom. Distribution outside the classroom requires express written permission from the Wilmar, LLC. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Wilmar, LLC reserves all rights not granted or expressed herein, and no right, title, or interest in or to the Site or its Materials is transferred to you. Further, Wilmar, LLC Site's contents, elements, functions, and other designs of the Site are protected by trademark, copyright, trade dress, unfair competition, and other laws and may not be copied in whole or part without express, written permission of Wilmar, LLC.

TRADEMARK NOTICES

All service marks, logos, custom graphics, page headers, button icons or other such marks ( "Proprietary Marks") on this Site are the exclusive property of Wilmar, LLC, its partners or other third party licensors. By making the Proprietary Marks available on this Site, Wilmar, LLC is not granting you any license to utilize the Proprietary Marks. Any unauthorized use of these Proprietary Marks may violate copyright, trademark, privacy, publicity and other such laws, both civil and criminal. You must not use any of the Proprietary Marks without the advance written permission of Wilmar, LLC.

COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Wilmar, LLC's Designated Agent. If it is your belief that the copyrighted work or works of a third party have been infringed, please notify Wilmar, LLC of the claimed infringement by use of the following procedures (NOTICE: ALL INQUIRIES NOT ADHERING TO THE FOLLOWING PROCEDURES WILL NOT RECEIVE A RESPONSE): The notice must be in writing and the writing must include: (1) the name of the party who has been infringed, (2) a contact name, address, e-mail address, and telephone number of the party, (3) a description of what it is that you claim has been infringed, (4) a statement by you that you have a good faith belief in the described infringement, and (5) a statement by you, under the penalties of perjury, that the information in the notice is accurate and you are either the owner of the copyright or an authorized agent of the third party owner. Please send the notice to the following address:

Wilmar, LLC

20413 59th Pl S – Suite 160

Kent, WA 98032-4021

1. Downloading or Copying: The Materials may be downloaded or copied for the sole purpose of its use as a personal resource. You are granted no title, license, right or other interest in any downloaded or copied Materials as a result of your downloading or copying.

2. Derivative Works or Reproduction: You shall not reproduce, distribute, publish, display , modify or otherwise distribute or create any derivative works from this Site. You shall not transmit, distribute, display, mirror, modify, and create derivative works from this Site or any of its Materials. You shall not sell, participate in the sale, or distribute any of the Materials of this Site any software related to this Site or any part of this Site.

3. Prohibition against Redistribution: It is prohibited for you to copy, mirror, use the Site or its Materials for a third party or reproduce any of the Materials, Marks or other materials of this Site for purposes of further redistribution or reproduction unless express, written permission has been provided to you by Wilmar, LLC.

4. The documents, materials, and information from the Site are for your personal and non-commercial use unless you receive express, written permission from Wilmar, LLC allowing additional uses. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, created derivative works from, transfer, or sell any information, software, products or services obtained from the Site.

5. Transactions, Posts and Transmissions: You are solely responsible for your transactions, posts and transmissions throughout this Site and each of the Site's services. If you communicate with third parties through any of this Site's messaging services then you shall have the sole responsibility for those interactions.

6. Prohibited Activities: You are hereby prohibited from the following actions on this Site:

(a) tampering, hacking, modifying, or otherwise corrupting the security or functionality of the Site, its services or interfering with or disrupting Wilmar, LLC's network or other networks connected to the Site;

(b) posting, e-mailing, or otherwise transmitting any data that contains any software viruses, trojan horses, and/or any other code, files, or programs intended to destroy, disrupt, or otherwise impair a computer's functionality or the operation of any service;

(c) chain letters, pyramid schemes, or spamming;

(d) posting, e-mailing, or otherwise transmitting any unlawful, harmful, harassing, defamatory, libelous, abusive, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material of any kind, or any material that is invasive of another's privacy or exploits children under eighteen years of age;

(e) spoofing or otherwise impersonating any person or entity, such as another user or any of Wilmar, LLC's personnel, falsely stating or otherwise misrepresenting your identity or affiliation, or forging any TCP/IP packet header or any part of the header information in any e-mail or other posting;

(f) using the services for any fraudulent or illegal purpose, or gathering personally identifiable information without prior consent;

(g) violating any applicable local, state, national, or international laws, such as laws governing financial services, export control, gambling, and/or money laundering;

(h) interfering with another user's enjoyment of the services; or

(i) violating any other of Wilmar, LLC's rules or policies.

Wilmar, LLC reserves the right to terminate your access to this Site, in its sole discretion, with or without notices, if Wilmar, LLC believes that your conduct fails to conform with this Section or these Terms; to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Site or any of the services and/or Content thereof.

PASSWORDS, SECURITY AND REGISTRATION

Some of the documentation, information and materials may require that you receive "access permissions" (which may comprise express permission, a User Id, and/or password provided by a representative of Wilmar, LLC) from Wilmar, LLC or just register with Wilmar, LLC through the Site. If your specific use of the Site requires registration then any information you give to Wilmar, LLC shall be covered under Wilmar, LLC's Privacy Policy. Please note that you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. If your specific access to the Site requires Access Permissions then please contact the appropriate Wilmar, LLC representative or department to request access. You are entirely responsible for maintaining the confidentiality of your account and safeguarding any access information you are given including, but not limited to, passwords. Furthermore, you are entirely responsible for any and all activities that occur under your user account. You further agree to notify Wilmar, LLC immediately of any unauthorized use of your account or any other breach of security. Wilmar, LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Wilmar, LLC or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express permission of the account holder. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

DISCLAIMER

THIS SITE, ITS MATERIALS AND INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WILMAR, LLC DOES NOT WARRANT THAT THIS SITE, ITS MATERIALS AND INFORMATION WILL BE PROVIDED AT ANY TIME COMPLETE, UNINTERRUPTED, SECURE OR ERROR FREE OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WILMAR, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE, AND WILMAR, LLC SHALL NOT BE DEEMED TO BE A PARTY, DIRECTLY OR INDIRECTLY, TO ANY SUCH TRANSACTION. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK , THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE, AND THAT WILMAR, LLC AND ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Wilmar, LLC may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. The content of this Site is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

YOUR COMMENTS / FEEDBACK

Any comments or materials sent to Wilmar, LLC, including feedback data such as questions, comments, suggestions, or the like regarding the content of any such documents (collectively "Feedback"), shall be deemed to be non-confidential unless you have an agreement with Wilmar, LLC which states otherwise. Wilmar, LLC shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, Wilmar, LLC shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

OUTSIDE COUNTRIES, LINKING, AND THIRD PARTY WEB-SITES

Outside Countries. Information Wilmar, LLC publishes on the Site may contain references or cross references to Wilmar, LLC products, programs and services that are not announced or available in your country. Such references do not imply that Wilmar, LLC intends to announce such products , programs or services in your country. Consult your local Wilmar, LLC business contact for information regarding the products, programs and services which may be available to you.

LINKING

A link to a non-Wilmar, LLC web site does not mean that Wilmar, LLC endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other malware of a destructive nature.

THIRD PARTY WEB-SITES

Wilmar, LLC makes no representations whatsoever about any other web site, which you may access through this one by linking or otherwise. When you access a non-Wilmar, LLC web site, understand that it is independent from Wilmar, LLC, and that Wilmar, LLC has no control over the contents, changes or updates on such web sites. Wilmar, LLC is providing the links and third party information to you as a convenience to you and the inclusion of such links and information does not imply an endorsement by Wilmar, LLC of the web site. This includes links contained in advertisements, including banner advertisements and sponsored links.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WILMAR, LLC BE LIABLE TO ANY PARTY FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER CONSEQUENTIAL OR INDIRECT DAMAGES FOR ANY USE OF THIS SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Wilmar, LLC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

EXPORT CONTROL LAWS

Software available on this Site is subject to United States export controls. No Software from this Site may be downloaded or otherwise exported or re-exported: (i) into (or to a national or resident of) Cuba , Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial and Prohibition Orders. This list is subject to change, and you must comply with the list as it exists in fact.

By downloading or using software from this Site, you are agreeing to the foregoing and all applicable export control laws. You are also warranting that you are not under the control of, located in, or a resident or national of any such country or on any such list. You agree to comply strictly with all United States export control laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

REMEDIES

In the event that Wilmar, LLC determines, in its sole discretion, that you have breached any of the Terms hereof, or have otherwise engaged in inappropriate conduct, Wilmar, LLC may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which Wilmar, LLC deems to be appropriate.

TERMINATION

These Terms are effective unless and until terminated by Wilmar, LLC. Wilmar, LLC may terminate all or part of its Site at any time without notice to you. Upon any termination of these Terms or the Site, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.

LAW THAT GOVERNS THIS SITE

These Terms are governed by and shall be construed in accordance with the laws of the State of Washington, USA without giving effect to any principles of conflicts of law. You agree to bring any claims arising under these Terms exclusively in the U.S. federal or state courts located in King County, Washington.

Users outside the United States agree to service of process of any claims by registered mail or by FedEx in lieu of International service of process under the Hague Convention. Users also agree to that any claim or controversy arising out of using this site maybe arbitrated in King County, Washington, USA at the sole discretion of Wilmar, LLC. This arbitration shall be administered according to the Streamlined Arbitration Rules and Procedures by a neutral arbiter of Wilmar's choice. This clause shall not preclude Wilmar from seeking any and all remedies from a court of appropriate jurisdiction.

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions.

ENTIRE AGREEMENT

These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power or right hereunder will operate as a waiver thereof.

Waiver

No waiver by Wilmar, LLC of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Wilmar, LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

BROWSER COMPATIBILITY

Minimum browser requirements

• Internet Explorer 6 or equivalent browser

Recommended browser requirements

• Google Chrome 6
• Internet Explorer 8
• Firefox 3.6
• Apple Safari 5

Other browsers may work but have not been tested and are not recommended for this site.

WARRANTY

WARRANTIES: PERFORMANCE TOOL extends only the following warranties, and only to original retail purchasers. These warranties give specific legal rights. Except where prohibited by local law, the law of the State of Washington governs all warranties and all exclusions and limitations of warranties and remedies. There may be other rights which vary from state to state. 

Hand Tools: 

Lifetime Replacement Warranty: If any tool ever fails to give complete satisfaction, it may be returned, along with original sales receipt, for a free replacement of like grade and quality, postage prepaid to PERFORMANCE TOOL, P.O. Box 88259 Tukwila, WA 98138 

Hydraulic Jacks & Heavy Duty Equipment: 

PERFORMANCE TOOL warrants the product to be free from defects in materials and workmanship under normal use and service. A defective product may be returned for a free replacement within 90 days from the date of purchase, provided that product is returned to place of purchase immediately after discovery of defect. After 90 days and up to 1 year from date of purchase, PERFORMANCE TOOL will replace at no charge any parts which our examination shall disclose to be defective and under warranty. These warranties shall be valid only when a sales receipt showing the date of purchase accompanies the defective product or defective part(s) being returned. For part(s) after 90 days, please remit your request, postage prepaid to: 

PERFORMANCE TOOL, P.O. Box 88259 Tukwila, WA 98138 

Torque Wrenches: 

PERFORMANCE TOOL warrants torque wrenches that are calibrated and serviced regularly to be free from defects in materials and workmanship under normal use and service for a period of 90 days from date of purchase, during which time a defective product may be returned for a free replacement when accompanied by the original sales receipt. Calibration and servicing must be done regularly and are the owner’s responsibility. 

Air Tools, Drill Press & Grinders: 

PERFORMANCE TOOL warrants these products when serviced regularly to be free from defects in materials and workmanship under normal use and service for a period of 1 year from date of purchase, during which time a defective product may be returned for a free replacement when accompanied by the original sales receipt. Servicing must be done regularly and are the owner’s responsibility. 

Exclusions: 

These warranties exclude blades, bits, punches, dies, bulbs, fuses, grinding wheels, belts and other consumable which must be replaced under normal use and service. These warranties shall not apply to any product or part which is used for a purpose for which it is not designed, or which has been repaired or altered in any way so as to affect adversely its performance or reliability, nor shall these warranties apply to any product or part which has been subject to misuse, neglect, accident or wear and tear incident to normal use & service. 

PERFORMANCE TOOL does not authorize any other person to make any warranty or to assume any liability in connection with its products. Except for warranties of title and the limited express warranties set forth above, PERFORMANCE TOOL makes no express or implied warranties of any kind with respect to its products. In particular, PERFORMANCE TOOL makes no implied warranty of merchantability and no implied warranty of fitness for any particular purpose, except that for goods purchased primarily for personal, family or household use and not for commercial or business use, PERFORMANCE TOOL makes an implied warranty of merchantability (and, if otherwise applicable, an implied warranty of fitness for a particular purpose), but only for the particular qualities or characteristics, and for the duration, expressly warranted above. The laws on limitation of implied warranties may differ from state to state, so the above limitations may not apply in all cases. 

PERFORMANCE TOOL shall not be liable for consequential, incidental or special damages resulting from or in any manner related to any product, or to the design, use, or any inability to use the product. The sole and exclusive remedy for a defective product or part shall be the repair, or replacement thereof as provided above. The laws on limitation of remedies or on consequential, incidental or special damages may vary from state to state, so the above limitations may not apply in all cases.