Jackson® Jackson®

True Temper®

Terms of Use

Welcome to the Ames True Temper site. Ames True Temper requests that you carefully read the Terms and Conditions and our Privacy and Security Policies before using the Ames True Temper site. Ames True Temper provides services to you subject to the following Terms and Conditions. By using the Ames True Temper Web site, you agree to follow and be bound by these Terms and Conditions and our Privacy and Security Policies without modification.

Use of the Site
The Ames True Temper site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies or typographical errors. Information, including product availability, may be changed or updated without notice. Ames True Temper and its subsidiaries reserve the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if Ames True Temper believes that customer conduct violates applicable law or is harmful to the interests of Ames True Temper and its subsidiaries.

Information You Submit
No information or material provided to Ames True Temper by you through the Ames True Temper site may contain vulgar, obscene, threatening or otherwise unlawful language or material. By sending any how-to or product information or material, you grant Ames True Temper an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute materials or information, and you represent and warrant that you own or otherwise control all of the rights to such information or materials and that Ames True Temper is free to use ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless we obtain your permission to use your name or we are required to do so by law. Please review our Privacy Policy for a complete description of how we handle personal information submitted.

Cautionary Statement Regarding Forward-Looking Language
Statements made on this Site include "forward-looking statements," as such are provided for by the Private Securities Litigation Reform Act of 1995 (the "Act"). All statements other than those reciting historic fact are statements that could be "forward-looking statements" under the Act. Such forward-looking statements may be found in, among other places, the discussions, presentations, or comments from management regarding Ames True Temper future operations and performance; proposed new locations, products, services, or developments; conditions or performance of the domestic economy; and any statement of an assumption underlying any of the foregoing. Statements containing words such as "expects," "plans," "strategy," "projects," "believes," "opportunity," "anticipates," "desires," and similar expressions are intended to highlight or indicate "forward-looking statements." Although Ames True Temper believes that the expectations, opinions, projections, and comments reflected in its forward-looking statements are reasonable, it can give no assurance that such statements will prove to be correct. Information regarding the risks and uncertainties which affect Ames True Temper operations and economic results can be found in its filings with the Securities and Exchange Commission.

Ames True Temper may also make employment information available through this Site. Ames True Temper is an equal opportunity employer. Ames True Temper provides equal employment opportunities to qualified persons without regard to race, color, religion, sex, national origin, age, veteran status, or disability. Ames True Temper policy relates to all phases of employment including recruitment, placement, promotion, training, demotion, transfer, layoff, recall and termination, rates of pay, employee benefits and participation in all company-sponsored employee activities.

THE INFORMATION AND MATERIALS IN THIS SITE ARE PROVIDED FOR YOUR REVIEW IN ACCORDANCE WITH THE NOTICES, TERMS AND CONDITIONS SET FORTH HEREIN. THESE MATERIALS DO NOT NECESSARILY REFLECT THE OPINIONS OF AMES TRUE TEMPER OR ANY OF ITS AFFILIATES OR AGENTS. THESE MATERIALS ARE NOT GUARANTEED OR REPRESENTED TO BE COMPLETE, CORRECT OR UP-TO-DATE. YOU MAY NOT ACT OR RELY ON ANY INFORMATION OR MATERIALS IN THIS SITE AND YOU PARTICULARLY SHOULD NOT MAKE ANY INVESTMENT DECISIONS BASED ON ANY INFORMATION OR MATERIALS IN THIS SITE. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIALS BEFORE ACTING OR RELYING THEREON OR MAKING ANY INVESTMENT DECISIONS IN CONNECTION THEREWITH. THESE MATERIALS MAY BE CHANGED FROM TIME TO TIME WITHOUT NOTICE.

Copyright
All software and content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the owned or licensed property of Ames True Temper or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of Ames True Temper and protected by U.S. and international copyright laws. Ames True Temper grants you permission to view and use content and software made available to you on the site in connection with your use of the site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this site is strictly prohibited.

Product Information and Warranties
Ames True Temper has made a conscientious effort to display and describe its products and services on the site accurately so that you can get a good idea of their design and use, and of the services offered. Furthermore, Ames True Temper is constantly improving its information, products and services. Consequently, Ames True Temper cannot and does not guarantee the accuracy or completeness of the information, product images, specifications, availability and services.

Links to Other Web Sites
The Ames True Temper site may contain links to other Web sites only as a convenience, and the inclusion of any link does not imply endorsement by Ames True Temper of the site or any association with its operators. While Ames True Temper will make commercially reasonable efforts to ensure that these Web sites will meet your approval, Ames True Temper does not have control over, and is in no manner responsible or liable for, the availability and content of the websites to which the Ames True Temper Web site is linked. Ames True Temper makes no representations whatsoever about any other site you may access through amestruetemper.com. Any concerns regarding any product or service offered by a Web site to which the Ames True Temper site is linked or the link itself should be directed to the operator of that specific Web site and not to Ames True Temper.

Disclaimer
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. THIS SITE IS PROVIDED BY AMES TRUE TEMPER ON AN "AS IS" BASIS. AMES TRUE TEMPER AND ITS SUBSIDIARIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMES TRUE TEMPER AND ITS SUBSIDIARIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. AMES TRUE TEMPER AND ITS SUBSIDIARIES WILL NOT BE LIABLE FOR ANY DAMAGES OR ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AMES TRUE TEMPER OR ANY OF ITS SUBSIDIARIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Trademarks
Ames True Temper®, is a registered trademark of in the United States and other countries and may not be used in connection with any product or service that is not Ames True Temper in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Ames True Temper.

General
You agree that this agreement and your use of this Site are governed by the laws of the State of Pennsylvania, USA. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Ames True Temper has endeavored to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.

You agree that Ames True Temper may at any time and without notice change the terms, conditions and notices under which this Site is offered.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Ames True Temper as a result of this agreement or your use of this Site.

Ames True Temper performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of Ames True Temper right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by Ames True Temper with respect to such use.

This agreement and the Privacy and Security Statement constitute the entire agreement between you and Ames True Temper with respect to this Site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Ames True Temper with respect to this Site. No modification of this agreement shall be effective unless it is authored by Ames True Temper, or unless it is physically signed in blue ink by a Ames True Temper executive officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by Ames True Temper in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Ames True Temper in printed form.

All other trademarks not owned by Ames True Temper or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Ames True Temper or its subsidiaries or affiliates.

Terms of Sale

Offer and Acceptance
A.    The electronic commerce web site constitutes an offer for the sale of Products.   Unless otherwise specified, the terms and conditions of sale set forth in this document apply to all Products and Services sold on the electronic commerce web site
B.    We reserve the right to correct any typographical or clerical errors in prices, specifications, or acknowledgments.
Products or Services Subject to Sale
A.    The Products subject to this sale shall be limited to those described on the e-commerce website
Prices
A.    Prices are subject to change without prior notification.
B.    Prices are based on U.S. dollars and are F.O.B. point of shipment. Prices do not include freight or delivery charges or taxes (sales, excise, use, ad valorem, etc.) or any export or import duties. Those charges may be prepaid by Ames True Temper and added to Customer's invoice.
Shipment, Delivery, and Returns
A.    We ship using United States Postal Service, FedEx, or UPS. We cannot ship orders to non-US addresses.
B.    Your order will ship within two business days from the date of order.  It is rare, but unavoidable delays may occur.
C.    Incorrect, lost, or damaged shipments – contact us at 800-393-1846
D.    Contact us with any concerns about your product.  Normal warranty terms apply, and we will provide a refund or replacement at no charge under warranty.  Contact us at 800-393-1846 for a return material authorization (RMA) number prior to shipment.  Customer pays for the return shipment.  Returns without an RMA will not receive refunds or replacements
Payments
A.    All payments shall be made at the time of sale  All payments shall be in United States currency and shall be without deductions for back-charges, other accounts between Ames True Temper and Customer, and the like, which shall be settled independently of the payment of the invoice.
Product Design
A.    Ames True Temper reserves the right to make changes and improvements in the design and specifications of its Products without notice or obligation to Customer.
Warranty and Disclaimers
A.    Ames True Temper warranties do not apply to damage resulting from unauthorized installation, accident, casualty, alteration, misuse, or failure to follow seller’s written instructions.
B.    Customer’s remedy for defective products while under warranty shall be the replacement of the product.  Copy of original receipt of purchase is required.   Replacement products or parts will be shipped to the Customer FOB point of shipment.  Contact us at 800-393-1846

 



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