The Piranha Tools Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Piranha Tools Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use, register or purchase merchandise on the Piranha Tools Site. In the event we become aware you are under 18, we will terminate your registration. Some merchandise offered for sale on the Piranha Tools Site may be restricted for sale to persons of a certain age (depending on the state or jurisdiction of residence) and we will require you to submit or provide valid proof of your age before purchasing or receiving age-restricted merchandise.
You agree and understand that the Piranha Tools Site, including any and all features available via the Piranha Tools Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Piranha Tools Site implemented after your initial access to the Piranha Tools Site shall be subject to these Terms.
We do not actively monitor, and undertake no obligation to monitor or modify, any reviews, information, content, data, text, links to third party websites, User profile information, sounds, photographs, graphics, video, messages or other materials uploaded or made available via the Piranha Tools Site by or on behalf of any User (all such items provided by or on behalf of Users, collectively, "User Content").
Nonetheless, we reserve the right to investigate and take appropriate action, including legal action, in our sole discretion, against anyone who violates these Terms, including without limitation, by removing any User Content posted in violation of these Terms, terminating the registration of such violators or blocking such violators' use of the Piranha Tools Site.
In order to access some features of the Piranha Tools Site, you may be required to register and to select a password and username, which shall consist of an email address you provide ("User ID"). To register, use the registration form available by clicking the "register" link near the top of any page on the Piranha Tools Site.
You are responsible for maintaining the confidentiality of your password and you are fully responsible for all activities that occur under your User ID and password, whether or not you authorize such activities. Any User ID and password for your access to the Piranha Tools Site shall be for your personal, non-commercial use only. You agree to (a) immediately notify us of any unauthorized use of your User ID or password of which you become aware, and (b) ensure that you exit from your account at the end of each session.
Piranha Tools grants you a limited license to make personal use of the Piranha Tools Site. This license grant does not include: (a) any resale or commercial use of the Piranha Tools Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Piranha Tools Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on the Piranha Tools Site. Except as noted above, Users of the Piranha Tools Site are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Piranha Tools or any third party.
You may not use, frame or utilize framing techniques to enclose any Piranha Tools trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Piranha Tools' express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a Piranha Tools name, trademark, or product name without Piranha Tools' express written consent.
Any unauthorized use of the Piranha Tools Site will terminate the permission or license granted by these Terms and may violate copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
Permitted uses of the Piranha Tools Site include soliciting opinions, ideas and other input from Users; sharing ideas and opinions with other Users, searching the Piranha Tools Site for User Content (as defined herein) and business or product information, and purchasing goods or services from the Piranha Tools Site for personal use, not for resale. You may also invite people you know to join the Piranha Tools Site. You acknowledge and agree that we do not control the User Content posted to the Piranha Tools Site, or any links to other websites, including the content of any messages posted by Users, and that we do not guarantee the accuracy, integrity or quality of any User Content. You further understand and agree that we do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements or other User Content posted on or otherwise displayed on or transmitted via the Piranha Tools Site. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent the views of Piranha Tools. You understand that, by using the Piranha Tools Site, you may be exposed to User Content that is offensive, indecent or objectionable.
Without limiting the generality of any other provisions of these Terms, you agree you shall not (and you agree not to allow any other individual or entity using your User ID to):
Subject to the following restrictions, registered Users may post, upload or transmit User Content on the Piranha Tools Site. Without limiting the generality of any other provisions of these Terms, you agree:
If you believe any User Content or any other aspect of the Piranha Tools Site infringes your copyright, you should send written notice of copyright infringement to our designated copyright agent at the address given below. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. § 512) by providing the following information:
Our designated copyright agent for notice of claims of copyright infringement on the Piranha Tools Site may be reached at the following address:
323 Washington Ave N.
Minneapolis, MN 55401
Or by email: email@example.com
If you believe that your User Content that was removed (or to which access was disabled) pursuant to a Digital Millennium Copyright Act notice we received is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to law, to post and use the content in your User Content, you may send a counter-notice containing the following information to the Copyright Agent at the address listed above:
If a counter-notice is received by the Copyright Agent, Piranha Tools may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Piranha Tools' sole discretion.
As between you and us, the Piranha Tools Site, including all photographs, images, text, graphics, icons, audio clips, software and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of the Piranha Tools Site, including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by us or our licensors. As between you and us, subject to any licenses and rights expressly granted herein, any User Content posted by you is owned by you. Nothing contained in these Terms shall be deemed to grant to you or any other User any rights, title or interest in or to any copyright, trademark or other proprietary right of ours or any of our licensors.
Any trademarks, service marks, and other marks and indicators of source or origin that are displayed on the Piranha Tools Site are the proprietary property of Piranha Tools or their respective owners, as applicable. None of such marks may be used in connection with any other product or service in a manner that is likely to cause confusion among consumers, or to disparage or discredit the owner of such mark or its affiliates. Any trademarks of third parties that appear on the Piranha Tools Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use, copy, modify or display any of the trademarks, service marks, names or logos appearing on the Piranha Tools Site without the express written permission of the trademark owner.
Nothing in these Terms shall be deemed to grant to you or any other User any license or right in or to any patent, copyright, trademark, trade secret or other proprietary right of Piranha Tools.
We may display advertisements from third parties on the Piranha Tools Site, such as banner advertisements, pop-up texts, and links to third party sites. We are not responsible for the content of such advertisements or links, or for any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any advertisement or link does not imply endorsement by us of the advertisement or linked site or any content therein.
Piranha Tools currently ships to locations within the 50 United States via UPS, and APO/FPO addresses via USPS. Piranha Tools currently ships to some international locations via a third party partner. Piranha Tools does not currently ship to Puerto Rico, Guam or the US Virgin Islands. Some oversized items requiring freight delivery cannot be shipped to Alaska or Hawaii. Piranha Tools gift cards are shipped via USPS within the continental United States, as well as Alaska, Hawaii and Puerto Rico. The risk of loss and title for all merchandise ordered on the Piranha Tools Site passes to you when the merchandise is delivered to the shipping carrier. Piranha Tools reserves the right to change its payment procedures at any time without prior notice to you.
Piranha Tools charges sales tax for merchandise ordered on the Piranha Tools Site based on the applicable state sales tax rate of the location to which the order is being shipped.Some products offered through the Piranha Tools Site may be fulfilled by third-party sellers. Third-party/Marketplace sellers' shipping and delivery policies may differ from those offered by Piranha Tools. When ordering a product sold by a third-party or Marketplace seller, you should check their page for details on their shipping and delivery policies. Piranha Tools is an agent of third-party/Marketplace sellers for the sole and express purpose of receiving funds as payment for their merchandise sold on the Piranha Tools Site, and transmitting those funds to the third party/Marketplace seller. You agree that Piranha Tools' receipt of funds on behalf of a Marketplace seller is tantamount to receipt of the funds directly by the Marketplace seller, even if such funds are not subsequently remitted to the Marketplace seller for any reason; when you tender payment to Piranha Tools for third-party/Marketplace merchandise, you have fulfilled your obligation to purchase such merchandise.
You should contact third-party/Marketplace sellers directly via the contact information provided for any inquiries or customer service issues related to their merchandise, such as returns, or warranty issues. As payment agent, Piranha Tools will refund any money to you for returns of third-party/Marketplace merchandise via the payment method used to purchase the merchandise, after we receive notice from the third-party/Marketplace seller that you have returned merchandise to them in accordance with their return policy.Piranha Tools reserves the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited.
To properly serve all customers, Piranha Tools reserves the right to limit quantities of orders to only one (1) of any such item(s) purchased. Piranha Tools further reserves the right to cancel multiple orders of any limited quantity item purchased by the same User and/or shipped to the same delivery address. Commercial use of the Piranha Tools site is expressly prohibited. Piranha Tools reserves the right to cancel any orders that it determines in its sole discretion are made for commercial resale purposes.
Piranha Tools may display advertising prints for products sold through a Piranha Tools Site. Piranha Tools attempts to display the colors of the products shown on the Piranha Tools Site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display color depends, in part, upon the monitor used by you.
Pricing errors may occur on the Piranha Tools Site from time to time, on items sold by Piranha Tools, or items sold by third party sellers. Piranha Tools attempts to correct all pricing errors as soon as they are discovered, or as soon as Piranha Tools receives notice of an error. Piranha Tools reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from Piranha Tools. Any payments you make to Piranha Tools for orders that are cancelled due to pricing errors will be refunded.
Orders you submit online may be cancelled until they are processed. Orders with a status of "Processing" may not be cancelled, and you must wait until your receive the merchandise in order to return it. All returns of merchandise are subject to the Piranha Tools Return Policy. Please click on the policy for more details. Products fulfilled by third party merchants are subject to the third party merchant's individual returns and cancellations policies. If you are purchasing an item from a third party merchant, please see the third party merchant's page for details.
We reserve the right to make changes at any time to these Terms. Any modifications to these Terms will be effective upon posting. You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Piranha Tools Site after any modifications indicates your acceptance of the modified Terms.
You agree that by entering into these Terms, you and Piranha Tools are each waiving the right to go to court to assert or defend your rights under these Terms and the ability to participate in a class action.
ALL DISPUTES BETWEEN YOU AND PIRANHA TOOLS RELATING IN ANY WAY TO THE PIRANHA TOOLS SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE PIRANHA TOOLS SITE, PIRANHA TOOLS’ ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES PIRANHA TOOLS SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE PIRANHA TOOLS SITE), THESE TERMS, OR YOUR STATUS AS A USER WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT.
Any User who intends to seek arbitration must first send to Piranha Tools, by certified mail, a written Notice of Dispute ("Notice"). The Notice must be mailed to 323 Washington Ave N., Suite 200, Minneapolis, MN 55401, Attn: Arbitration Intake and copied to Piranha Tools, 323 Washington Ave N., Suite 200, Minneapolis, MN 55401, Attn: General Counsel. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, either party may commence arbitration.
All arbitrations required by these Terms will be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. No arbitration brought under, or with respect to, the Piranha Tools (including, without limitation, any Piranha Tools advertisement or disclosure, any email or mobile SMS (text) message that Piranha Tools sends to you, the collection or use of any information about you in connection with the Piranha Tools Site), these Terms or your status as a User is to be joined to an arbitration involving any other party subject to these Terms whether through class arbitration proceedings or otherwise. Unless Piranha Tools and you agree otherwise, the arbitrator may not consolidate more than one User’s claims, and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
For arbitration claims you assert against Piranha Tools in accordance with this section (but not for any arbitration claim against you) Piranha Tools will pay all of your administrative, hearing, and arbitrator’s fees and costs for the arbitration (but not the fees, expenses, and costs of your lawyers, experts, or witnesses) in excess of any filing fee you would have been required to pay to file the claim as a lawsuit in a state or federal court (whichever is greater) in the judicial district in which you reside. Piranha Tools will pay its, and you will pay your, lawyers’, experts’, and witness fees, expenses, and costs with respect to all claims during the arbitration. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Similarly, an arbitration award and any judgment confirming it apply only to that specific case; it cannot be used in any other case except to enforce the award itself. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties.
YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST PIRANHA TOOLS IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY CLAIMS RELATING IN ANY WAY TO THE PIRANHA TOOLS SITE (INCLUDING WITHOUT LIMITATION ORDERS MADE FROM THE PIRANHA TOOLS SITE, PIRANHA TOOLS’ ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES PIRANHA TOOLS SENDS TO YOU, OR RELATING TO THE COLLECTION OR USE OF ANY INFORMATION ABOUT YOU IN CONNECTION WITH THE PIRANHA TOOLS SITE), THESE TERMS, OR YOUR STATUS AS A USER. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND PIRANHA TOOLS.
Piranha Tools or you may seek injunctive relief in any state or federal court in Minneapolis, Minnesota, USA, and Company and you consent to the exclusive jurisdiction and venue in the state and federal courts in Minneapolis, Minnesota, USA for injunctive relief purposes.
By visiting the Piranha Tools Site, you agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Piranha Tools.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Piranha Tools in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Piranha Tools Site. These Terms, which shall be deemed accepted by you upon your use of the Piranha Tools Site, constitute the entire agreement among you and Piranha Tools regarding use of the Piranha Tools Site. Piranha Tools' failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision.
Please contact us with any questions regarding these Terms. Please report any violations of the Terms to firstname.lastname@example.org.