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Terms Of Use

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TERMS OF USE

FOR

http://bethepro.com/

IMPORTANT NOTICE:  PLEASE READ CAREFULLY THESE TERMS OF USE BEFORE ACCESSING OR USING THIS WEBSITE.  YOUR ACCESS TO OR USE OF THIS WEBSITE OR ANY OF ITS FEATURES, FUNCTIONALITY, USER INTERFACE, WEB SERVICE, WEB ACCESS PORTAL, MATERIALS OR CONTENT (COLLECTIVELY, THE “SITE”) IS CONDITIONED ON YOUR FULL ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS OF USE.  By using the Site, you agree to the following terms and conditions (“Terms of Use”) governing your access to or use of the Site and to the terms of the Privacy Policy.  If you do not agree with these terms and conditions, you must leave the Site immediately and cease any further use of the Site.

You must be 18 years old to use our Site and its services or to participate in contests or “points” used for redemption of awards or prizes.  Bosch may terminate these Terms and your use of the Site without notice if Bosch, in its sole discretion, believes that you are under the age of 18.

1.  Site Access.  Your right to use the Site is conditioned upon your acceptance of these Terms of Use You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of and comply with these Terms of Use.  It is up to you to make all arrangements to access the Site, as Bosch will not provide you with any software, hardware, services or connectivity, or otherwise assist you to gain access to the Site.  By using the Site, you acknowledge that Bosch may communicate with you electronically for purposes arising out of or relating to your use of the Site.

2.  Usage of Content; Rights Reserved by Bosch.  All information, content, text, images, pictures, graphics, video, sound, streaming digital media and/or other information or data made available or accessed via the Site (collectively, the “Content”), and all associated rights, including copyrights and other intellectual property rights, are owned by Bosch and/or its worldwide affiliated companies, licensors and suppliers.  By accessing and using the Site, you agree not to infringe upon any such intellectual property rights, or to copy or use any Content other than in strict compliance with these Terms of Use. You receive a limited, non-exclusive license to access and use the Site subject to these Terms of Use and the Privacy Policy, but you do not acquire any ownership interest, contract right, intellectual property right or any other right to the Site.  The Content is intended for personal use only.  You are authorized to view, download and reproduce materials on the Site for your personal, non-commercial use or information only; provided that you (A) will not alter or remove any trademark, copyright or other notice from any copy of the Content, and retain all notices contained in the original materials (B) use images only with surrounding text relating to the images, and (C) include the following copyright notice:

© Robert Bosch Tool Corporation. All rights reserved.

You may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any portion of the Content in any other way or for any other purpose without the written consent of Bosch in each instance. Requests regarding use of the Content for any purpose other than personal, non-commercial use should be directed to bethepro@bethepro.com.

 3.  Posting Content on the Site

By placing material on the Site or communicating with Bosch, you grant to Bosch the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future.  You also agree to indemnify, defend and hold Bosch harmless from and against any and all damages, claims or costs, including attorneys’ fees, arising from the use, display or distribution of those materials.  You further grant to Bosch the right to use your name in connection with the reproduction or distribution of such material.

Bosch does not accept unsolicited materials or ideas for use or publication on the Site or in other digital, electronic or print media except in connection with the designated areas on the Site. Bosch shall not be responsible for the similarity of any of its Content in any media to materials or ideas transmitted to Bosch.

All participants within bethepro.com have their own opinion and perspective. All should be respected and discussed in a civil manner. Personal attacks and disrespectful comments will not be tolerated. Management reserves the right to remove disrespectful comments and consider the removal of site membership.

4.  Other Terms and Notices May Apply. Additional terms and conditions may apply to any transactions or promotions conducted by Bosch via the Site.  You understand and agree that you will be able to participate in any promotions (sweepstakes or contests) conducted through the Site only if: (A) you successfully complete the required registration process to enter the promotion; (B) you are eligible to do so under the Official Rules specifically applicable to such promotion, which shall be posted on the Site; and (C) you have accepted and agreed to abide by such Official Rules.

Nothing contained in Terms of Use is intended to modify or amend any agreement currently in effect between you and Bosch, or any Official Rules adopted by Bosch with respect to any promotion sponsored by Bosch.

Other Intellectual Property Rights. By using the Site, you acknowledge that any product, process or technology comprised or described in the Site may be the subject of other intellectual property rights that are reserved by Bosch and are not licensed hereunder. The rights to all trade names, trademarks, logos or other expressions of brand identity of Bosch are expressly reserved hereby. Trademarks of other parties are identified wherever possible and Bosch acknowledges their rights.

5.  Prohibited Use.  You may not and shall not:

AGrant access to, or allow any third party to gain access to the Site;

BLicense, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Content in any way;

CModify or make derivative works based on the Content;

DCreate Internet “links” to any other site or server;

EReverse engineer or access the Site  in order to: (i) build a competitive product or service, (ii) build any product or service using similar ideas, features, functions or graphics of the Site, or (iii) copy any ideas, features, functions or graphics of the Site;

FUse the Site to (i) send spam or unsolicited messages of any kind in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful, tortious or objectionable material, including material harmful to children or violative of third-party privacy rights; (iii) send or store material containing software viruses, worms, or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site or the data contained therein;

GAttempt to gain unauthorized access to the Site or its related systems or networks;

HReproduce, sell, publish, distribute, modify, display, translate, or make available any part of the Site as part of another website whether by hyperlink framing on the internet or otherwise;

ICreate any derivative works based on the Site or any component thereof;

JUse the Site or its Content to construct a database of any kind; or

KDistribute any database that contains or incorporates any part of the Site or Content.

6.  DISCLAIMERS.   YOU ACKNOWLEDGE AND EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. NEITHER BOSCH, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THE SITE, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE.  THE CONTENT IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR PERSONAL, NON-COMMERCIAL AND INFORMATIONAL USE ONLY, WITHOUT ANY REPRESENTATION, CONDITION OR WARRANTY, INCLUDING OF ACCURACY OR COMPLETENESS OF INFORMATION OR OTHER WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.   BOSCH WILL NOT BE LIABLE IN ANY RESPECT TO YOU OR TO ANY THIRD PARTY THAT MAY RECEIVE CONTENT FROM THE SITE, INCLUDING FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN THE CONTENT OR IN THE TRANSMISSION OR FAILURE TO TRANSMIT ANY CONTENT, IN WHOLE OR IN PART.    IN NO EVENT WILL BOSCH BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM OR CAUSED BY A PARTY’S USE OR INABILITY TO USE THE SITE OR A PARTY’S RELIANCE ON ANY INFORMATION OR MATERIAL ACCESSED VIA THE SITE OR ANY OTHER HYPERLINKED SITE.

The material on the Site may contain technical inaccuracies or typographical errors, and information may be changed, updated or deleted with or without notice. Bosch may make improvements and/or changes in the products and/or the programs described in the Site at any time. Bosch makes no warranties that the Site will operate uninterrupted or error free or that defects will be corrected.  Bosch does not warrant that the Site is compatible with your computer equipment or that the Site or its server is free of errors or viruses, worms or “Trojan horses” and Bosch is not liable for any damage you may suffer as a result of such destructive featuresYou additionally acknowledge that the Site, and your access thereto may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. Bosch is not responsible for any delays, delivery failures, or other damage resulting from such problems.

7Bosch and its licensors make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Bosch and its licensors do not represent or warrant that (A) the use of the service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (B) the service will meet your requirements or expectations, (C) any stored data will be accurate or reliable, (D) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (E) errors or defects will be corrected, or (F) the service or the server(s) comprising or comprised in the Site are free of viruses or other harmful components.

8.  Third Party Sites.  Bosch does not endorse any Sites that are or may be linked through the Site.   Bosch may provide such links to you only as a matter of convenience, and in no event shall Bosch or its licensors be responsible for any content, products, or other materials on or available from such sites.  Bosch makes no representations or warranties whatsoever about any other Site that you may choose to access through the Site. Links provided by Bosch to such sites are provided solely for your convenience; such links do not constitute Bosch’s endorsement or approval of any other site or its content, and should not be relied on as such.

9.  Changes to Terms of Use. Bosch reserves the right at its discretion to change these Terms of Use or the provisions of the Privacy Policy and will notify users of any such changes by posting such changes on the Site. Your continued use of the Site after the posting of any amended Terms of Use or amended Privacy Policy shall constitute your agreement to be bound by any such changes. Bosch may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability.

10.  Submitting information to Bosch. Bosch does not wish to receive personal, confidential or proprietary information from you through the Site unless you and Bosch are parties to a separate agreement relating to the sharing of such information. Bosch will not be responsible for any information that it receives from you through the Site, other than your personally identifiable information covered by Bosch’s Privacy Policy.  BY TRANSMITTING TO BOSCH INFORMATION VIA THE SITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A SEPARATE WRITTEN AGREEMENT WITH BOSCH RELATING TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT BOSCH BEARS NO RESPONSIBILITY OR LIABILITY FOR THE USE OR PROTECTION OF SUCH INFORMATION.

11.  Governing Law and Exclusive Venue. These Terms of Use and the Privacy Policy will be governed by and construed in accordance with the laws of Canada and the Province of Ontario without regard to its conflicts of law provisions.

Copyright Infringement Claims and Designated Agent

It is the policy of Bosch to respond to claims of intellectual property infringement. Bosch 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:

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.

12.  Governing Law and Exclusive Venue.  These Terms of Use and the Privacy Policy will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be filed in the federal or state courts located in Cook County, Illinois, within one year after the cause of action arises or the cause is barred.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES BOSCH MAKES IN THESE TERMS, PLEASE EXIT AND CEASE ALL USE OF THE SITE IMMEDIATELY.

© Copyright 2014, Robert Bosch Tool Corporation, Mt. Prospect, Illinois, USA. All Rights Reserved.

13.  Questions. If you have any questions about these Terms of Use or about the Privacy Policy and Bosch’s collection, use, or disclosure of your personal information in connection with the Services, please contact us as follows:

Robert Bosch Tool Corporation
Address: 1800 W Central Rd, Mount Prospect, IL 60056
Email: bethepro@bethepro.com

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