Introduction
Welcome to kbalt.com (“Website”), the online platform for Kobalt® Tools, including our renowned tool boxes, mini toolboxes, 40V battery systems, and more. These Terms and Conditions (“Terms”) govern your use of our Website and the products, services, and content offered by Kobalt® Tools.
By accessing or using our Website, you agree to be bound by these Terms and Conditions in their entirety. If you do not agree with any part of these Terms, you must not access or use our Website or purchase any products from us.
1. Definitions
In these Terms and Conditions, unless the context requires otherwise:
- “We“, “us“, “our” refers to Kobalt® Tools, its parent company, subsidiaries, and affiliates.
- “Website” refers to kbalt.com and all associated web pages, microsites, and mobile applications.
- “Products” refers to any Kobalt® tools, tool boxes, mini toolboxes, 40V batteries, and other items available for purchase on our Website.
- “User“, “you“, “your” refers to any individual or entity accessing or using our Website or purchasing our Products.
- “Content” refers to all information, text, graphics, images, designs, software, audio, video, and other material displayed on or available through our Website.
- “Intellectual Property” includes but is not limited to trademarks, service marks, trade names, logos, designs, patents, copyrights, and trade secrets.
2. Website Access and Account Registration
2.1 Access
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Website for personal, non-commercial purposes. We reserve the right to restrict access to certain areas of our Website to registered users only.
2.2 Account Registration
To purchase Products or access certain features of our Website, you may be required to register for an account. When registering, you agree to:
- Provide accurate, current, and complete information
- Maintain and update your information as necessary
- Protect your account credentials and not share them with others
- Be responsible for all activities that occur under your account
- Notify us immediately of any unauthorized use of your account
We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or outdated.
2.3 Age Restrictions
You must be at least 18 years old to create an account and purchase Products from our Website. By creating an account, you represent and warrant that you are at least 18 years of age.
3. Product Information and Purchases
3.1 Product Descriptions
We strive to display and describe our Products, including Kobalt® tools, tool boxes, mini toolboxes, and 40V batteries, as accurately as possible. However, we do not warrant that Product descriptions, images, specifications, pricing, or other Content on our Website is accurate, complete, reliable, current, or error-free.
3.2 Product Availability
All Products are subject to availability. We reserve the right to discontinue any Product at any time and to limit the quantity of any Product that you order.
3.3 Pricing and Payment
All prices listed on our Website are in U.S. dollars unless otherwise specified. Prices are subject to change without notice. We reserve the right to correct any pricing errors on our Website and to modify or cancel your order in the event of a pricing error.
Payment must be made through one of our accepted payment methods. By providing your payment information, you represent and warrant that you are authorized to use the designated payment method.
3.4 Order Acceptance and Confirmation
Receipt of your order does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason. After receiving your order, we will send you an email confirmation. A contract for the purchase of Products is formed only when we send you this confirmation.
3.5 Shipping and Delivery
Shipping and handling charges may apply to your order and will be disclosed during the checkout process. Delivery dates provided are estimates only and are not guaranteed. We are not responsible for delays in delivery caused by circumstances beyond our reasonable control.
4. Product Returns and Warranty
4.1 Returns and Refunds
Our return policy allows for returns of unused and unopened Products within 30 days of purchase. To initiate a return, please contact our customer service department. Return shipping costs may be your responsibility unless the return is due to our error or a defective Product.
4.2 Warranty
Kobalt® tools, tool boxes, mini toolboxes, and 40V batteries are backed by our commitment to quality and durability. All Kobalt® Products come with a limited warranty against defects in materials and workmanship, subject to the specific warranty terms for each Product. For detailed warranty information, please refer to the warranty documentation included with your Product or contact our customer service.
5. Intellectual Property Rights
5.1 Ownership
All Content on our Website, including but not limited to text, graphics, logos, images, audio, video, software, and the compilation thereof, is owned by or licensed to us and is protected by copyright, trademark, and other intellectual property laws.
5.2 Trademarks
“Kobalt®” and all related logos, product names, and service names are trademarks or registered trademarks of Kobalt® Tools or its licensors. Nothing in these Terms or on our Website should be construed as granting any license or right to use any Kobalt® trademark without our prior written permission.
5.3 Limited License
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the Content on our Website for personal, non-commercial use only.
5.4 Restrictions
You may not:
- Modify, reproduce, distribute, display, perform, publish, license, create derivative works from, transfer, or sell any Content from our Website
- Use any data mining, robots, or similar data gathering and extraction methods on our Website
- Use our Website or its Content for any commercial purpose
- Remove any copyright, trademark, or other proprietary notices from Content on our Website
- Frame or mirror any part of our Website without our prior written authorization
6. User Conduct
When using our Website, you agree not to:
- Violate any applicable laws, regulations, or these Terms
- Impersonate any person or entity or misrepresent your affiliation with a person or entity
- Engage in any activity that interferes with or disrupts our Website or servers
- Attempt to gain unauthorized access to any portion or feature of our Website
- Use our Website to transmit viruses, malware, or other malicious code
- Collect or store personal data about other users without their consent
- Post or transmit any content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable
- Use our Website to sell or promote products or services without our consent
- Violate the rights of others, including intellectual property rights
7. User-Generated Content
7.1 Submissions
If you submit reviews, comments, suggestions, ideas, or other materials (“User Content”) to our Website, you grant us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, create derivative works from, publicly perform, and publicly display such User Content in any media format or medium and through any media channels.
7.2 Representations and Warranties
You represent and warrant that:
- You own or control all rights to the User Content you submit
- The User Content does not infringe upon or violate any third-party rights
- The User Content is accurate and not misleading
- The User Content complies with these Terms and all applicable laws
7.3 Right to Remove
We reserve the right to remove, edit, or refuse to post any User Content for any reason at our sole discretion.
8. Privacy and Data Protection
8.1 Privacy Policy
Your privacy is important to us. Our Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, and disclose information about you when you use our Website. By using our Website, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.
8.2 Communication Preferences
By providing us with your email address, you consent to receive electronic communications from us regarding your account, purchases, and our Products. You may opt out of receiving marketing communications at any time by following the unsubscribe instructions included in our emails or by contacting our customer service.
9. Disclaimers
9.1 Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR THE SPECIFIC PRODUCT WARRANTIES, OUR WEBSITE AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
9.2 Website Accuracy
We do not warrant that the information on our Website is accurate, complete, or current. The Content on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions.
9.3 Website Availability
We do not guarantee that our Website will be secure or available at any particular time or location. We reserve the right to modify, suspend, or discontinue all or any part of our Website without notice at any time.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KOBALT® TOOLS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
- YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE OUR WEBSITE
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OUR WEBSITE
- ANY CONTENT OBTAINED FROM OUR WEBSITE
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
- THE PURCHASE OR USE OF ANY PRODUCTS
In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you for the specific Products giving rise to the claim.
11. Indemnification
You agree to defend, indemnify, and hold harmless Kobalt® Tools, its parent company, subsidiaries, affiliates, partners, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney’s fees) arising from:
- Your use of and access to our Website
- Your violation of any term of these Terms
- Your violation of any third-party right, including without limitation any copyright, property, or privacy right
- Any claim that your User Content caused damage to a third party
This defense and indemnification obligation will survive these Terms and your use of our Website.
12. Changes to Terms and Conditions
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting on our Website and will apply to all access to and use of our Website thereafter. Your continued use of our Website after the posting of revised Terms constitutes your acceptance of the changes. We recommend that you check this page periodically for any changes.
13. Termination
13.1 Termination by Us
We may, in our sole discretion, terminate or suspend your access to all or part of our Website for any reason, including without limitation, breach of these Terms.
13.2 Termination by You
You may terminate these Terms at any time by discontinuing use of our Website and canceling any accounts you have created.
13.3 Effect of Termination
Upon termination, your right to access and use our Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. Dispute Resolution
14.1 Governing Law
These Terms and your use of our Website shall be governed by and construed in accordance with the laws of the state in which Kobalt® Tools maintains its principal place of business, without giving effect to any choice or conflict of law provision or rule.
14.2 Arbitration
Any dispute arising from or relating to these Terms or our Website shall be exclusively resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in the state in which Kobalt® Tools maintains its principal place of business.
14.3 Waiver of Class Actions
YOU AND KOBALT® TOOLS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
14.4 Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy and any other legal notices published by us on our Website, constitute the entire agreement between you and Kobalt® Tools concerning your use of our Website and our Products.
15.2 No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
15.3 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
15.4 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction.
15.5 Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, fire, natural disaster, pandemic, or labor stoppage.
15.6 Headings
The section titles in these Terms are for convenience only and have no legal or contractual effect.
16. Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Kobalt® Tools
Customer Service Department
Email: [email protected]
Phone: 562-505-8757
Thank you for choosing Kobalt® Tools, your partner in professional-grade tools, tool boxes, mini toolboxes, and 40V battery systems. We appreciate your business and are committed to providing you with high-quality products and services.
