Effective Date: March 14^th, 2025


Please read these Terms of Use (“Terms”) carefully. They govern your use of the websites, mobile applications, and other online platforms operated by Festool USA LLC, Festool Canada Inc., Festool GmbH, and/or other affiliated companies (collectively, “Festool,” “we,” “us” or “our”) where these Terms are posted, and all services and features available thereon (collectively, the “Sites”).

These Terms represent a binding contract between you and Festool. By placing an Order (defined below), creating an account, or otherwise using the Sites (except for the limited purpose of reviewing these Terms or other terms, agreements, or policies on the Sites), you expressly represent that you (i) are legally competent to enter into this agreement, (ii) are above the age of majority in your jurisdiction of residence, and (iii) agree to be bound by these Terms, as they may be amended from time to time. If you do not agree to these Terms, you may not use the Sites. If you do not agree to any provision of these Terms, or if these Terms are not enforceable where you are located, you may not use the Sites.

If you are an individual using the Sites on behalf of, or for the benefit of, any corporation, partnership, or other entity with which you are associated (an “organization”), then you are agreeing to these Terms on behalf of yourself and such organization, and you represent and warrant that you have the legal authority to bind such organization to these Terms. In that case, references to “you” and “your” in these Terms will refer to both the individual using the Sites and to any such organization, unless context requires otherwise.

Certain areas, features, or functionalities of the Sites may be subject to different or additional terms, rules, guidelines, or policies (“Additional Terms”), and we may provide such Additional Terms to you via postings, pop-up notices, links, or other reasonable means. All Additional Terms are hereby incorporated by reference into these Terms. Any reference to the “Terms” in this agreement includes the Additional Terms. From time to time, Additional Terms may conflict with these Terms; in the event of such a conflict, the Additional Terms will control.

NOTICE REGARDING ARBITRATION: PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH, SUBJECT TO SOME LIMITED EXCEPTIONS, REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. IF YOU ARE A QUEBEC CONSUMER AS DEFINED UNDER THE CONSUMER PROTECTION ACT (CQLR C P-40.1), OR AN ONTARIO CONSUMER AS DEFINED IN ONTARIO’S CONSUMER PROTECTION ACT (AS IT MAY BE AMENDED OR REPLACED), THIS PARAGRAPH DOES NOT APPLY TO YOU.


OWNERSHIP OF THE SITES

The Sites and all of their content, features, and functionalities, including all information, text, graphics, Trademarks (defined below), button icons, images, audio clips, video clips, data compilations, documents, and the design, selection, and arrangement thereof (collectively, the “Festool Content”), are the exclusive property of Festool or our licensors and may not be used or exploited in any way without prior written consent.

We are providing you with access to the Sites and the Festool Content pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. Under this license, you may access and use the Sites and Festool Content solely for non-commercial purposes in the following ways: (i) you may access and browse the Sites, and use the features and functionalities made available to you thereon, using a device that you own or are authorized to use (a “Device”); (ii) you may download the Festool Content from the Sites and print out a hard copy, provided that you keep intact and do not remove or alter any copyright or other notice contained thereon; (iii) you may download a copy of any mobile applications that we make available from time to time (collectively, the “Apps”); and (iv) your Device may temporarily store copies of the Festool Content incidental to your use of the Sites. This license is available to you unless and until you or we terminate these Terms, we otherwise suspend your access to the Sites, or you are barred from using the Sites by applicable law. Festool reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable law.

Except as expressly stated in the preceding paragraph, you may not modify, copy, distribute, display, reproduce, sell, license, create derivative works from, or otherwise use or exploit any of the Festool Content in any manner without the prior written authorization of Festool or the applicable licensor. For avoidance of doubt, you may not frame, or make it appear that a third-party website or service is presenting or endorsing, any of the Sites or Festool Content or incorporate any of the Festool Content into another website or service. Any unauthorized use of the Festool Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable laws. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

The Festool Content includes the trademarks, service marks, logos, slogans, trade names, and trade dress used on the Sites (collectively, the “Trademarks”). The absence of a trademark notice or symbol indicating registration or ownership of a Trademark does not constitute a waiver of Festool’s or its licensors’ trademark or other rights. These Terms do not grant you any rights to use the Trademarks. Under no circumstances may you use any of the Trademarks in a manner that results in a likelihood of confusion.


ACCOUNT CREATION AND PASSWORDS

To access certain portions of the Sites, you may be required to create an account. You agree to: (i) provide truthful, accurate, current and complete information during the account creation process and (ii) maintain and promptly update such information to keep it truthful, accurate, current and complete. If you provide any information that is untrue, inaccurate, or incomplete, or otherwise act in a false or misleading manner during the account creation process, we reserve the right to terminate your account, terminate these Terms, and/or suspend your use of the Sites. Further, you are responsible for preserving the confidentiality of your account password and agree to notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your account credentials are being used.


USER CONTENT

Certain areas or aspects of the Sites may permit users to submit, post, link, send, share, or otherwise make available (“share”) information and content (“User Content”). By way of example, the Sites include the website located at festoolownersgroup.com. (the “FOG”), which provides a forum for owners of Festool products to share User Content on issues related to Festool products. For avoidance of doubt, User Content includes content that you send or submit to Festool via the Sites, whether or not that content is visible to other users.

A. Disclaimer of Responsibility for User Content
User Content has not necessarily been reviewed or approved by Festool and we, therefore, make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any such content. Any views or opinions expressed in User Content belong to the users who shared the content and not to Festool. Your reliance on any User Content is done entirely at your own risk. YOU UNDERSTAND AND AGREE THAT WE ARE NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY RELATED TO, ANY USER CONTENT, INCLUDING YOUR RELIANCE ON ANY SUCH CONTENT.

B. Your License Grant to Festool
You will retain ownership of any intellectual property rights that you own in your User Content, but, in exchange for the opportunity to share the User Content, you automatically grant, or warrant that the owner of such content has expressly granted, to Festool a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, unlimited license to copy, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and otherwise use and exploit your User Content for any purpose (commercial or otherwise) and in any media, medium, form, format, and forum now known or hereafter developed. We may sublicense these rights through multiple tiers of sublicenses. You represent and warrant that you have all rights necessary to grant the licenses described in this section.

User Content shall not be deemed confidential or proprietary, and Festool shall not have any obligation to maintain the confidentiality of such content or to compensate you for its use. You acknowledge and agree that by submitting User Content, you are waiving any rights of confidentiality that may exist with respect to such content, except where such waiver would be prohibited by applicable law. For avoidance of doubt, Festool shall be free to use any ideas, concepts, know-how, or techniques contained in any User Content for any purpose whatsoever, including by developing, manufacturing, and marketing products and services.

VIDEO CONTENT ON THE SITES

The Sites may contain video content, audiovisual content, or content of a like nature (collectively, 'Video Content"). Video Content is provided for the purpose of enhancing the user experience on the Sites and is, therefore, provided in connection with Festool’s business activities related to the manufacture and sale of power tools and related goods and services. Festool is not in the business of renting, selling, or delivering Video Content in a commercial manner. You acknowledge and agree that Festool is not a “video tape service provider” as defined in the Video Privacy Protection Act ("VPPA"), 18 U.S.C.A. § 2710.

Further, the Sites may utilize online tracking technologies and code-based tools, including social media pixels, software development kits, and cookies that track information about your activity on the Sites (collectively, “Targeting Tools”). Targeting Tools may result in information about your activity on the Sites being transmitted from your browser to Festool and to third parties, which, in turn, may result in the display of targeted advertisements on third-party websites. Whether Targeting Tools on the Sites result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of Festool’s knowledge or control, including what third-party websites you use, what information you have provided to such third parties, and whether (and the extent to which) you have limited the use of cookies by the operators of third-party websites. You hereby acknowledge and agree that, if Targeting Tools on the Sites result in your browser’s transmission of information to third-party websites, (i) such transmissions do not constitute a “knowing disclosure” of “personally identifiable information” by Festool under the VPPA and (ii) you will not initiate any litigation or otherwise assert any claim against Festool based, in whole or in part, on such transmissions, whether under the VPPA, the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), or any other law or cause of action.


USER CONDUCT

By using the Sites, you agree to not share any User Content or otherwise use the Sites in any manner that:

• Is designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment (including by means of software viruses or any other computer code, files, or programs);
• Interferes with or disrupts the proper functioning of the Sites or the services connected to the Sites;
• Infringes any copyright, trademark, trade secret, patent, or other right of any party, or defames or invades the publicity rights or the privacy of any person, living or deceased, or impersonates any such person;
• Consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• Causes Festool to lose (in whole or in part) the services of our Internet service providers or other suppliers;
• Links to materials or other content, directly or indirectly, to which you do not have a right to link;
• Is designed to gain access to any portion of the Sites that you do not have authorization to access;
• Is false, misleading, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or discriminatory based on race, ethnicity, nationality, sex, gender, sexuality or sexual orientation, or age;
• Copies, modifies, creates a derivative work of, reverse engineers, decompiles or otherwise attempts to extract the source code of the software underlying the Sites or any portion thereof; or
• Violates, or encourages anyone to violate, these Terms or any applicable local, state, provincial, national, or international law, regulation, or order.

Festool shall have the right, but not the obligation, to monitor and evaluate use of and access to the Sites for the purpose or determining and enforcing compliance with these Terms. Further, Festool shall be free to delete, remove, or refuse to post any User Content if we determine that the content violates these Terms or is off-topic or stale. You further agree that Festool shall not be responsible for or liable to you with respect to any other user’s conduct that is prohibited under these Terms.

You agree that Festool has the right to (i) disclose your identity or other relevant information about you to any third party who claims that User Content posted by you violates their rights; (ii) take legal action, including referral to law enforcement, with respect to any suspected illegal or unauthorized use of the Sites; and (iii) cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of any user of the Sites.

YOU HEREBY WAIVE ANY CLAIMS RELATED TO OR RESULTING FROM ANY ACTION OR INACTION OF FESTOOL WITH RESPECT TO (I) MONITORING THE USE OF THE SITES; (II) DELETING, REMOVING, MODIFYING, OR REFUSING TO POST ANY USER CONTENT; (III) DETERMINING OR ENFORCING COMPLIANCE WITH THESE TERMS; AND (IV) COOPERATING WITH LAW ENFORCEMENT ON ANY MATTER RELATED TO THE SITES.

Notwithstanding the use restrictions in this section, nothing in these Terms shall prohibit or restrict your ability to (i) make any “statement” protected by Cal. Civ. Code § 1670.8; (ii) engage in a “covered communication” as defined by the Consumer Review Fairness Act, 15 U.S.C.A. § 45b; or (ii) express or publish any review, performance assessment, or similar analysis (collectively, “Reviews”) about Festool, its employees or agents, or its products or services, to the extent that such Reviews are protected under applicable law.


PRODUCT & SERVICE DESCRIPTIONS, AVAILABILITY & PRICING

Festool strives to be as accurate as possible and eliminate errors on the Sites. However, there may be information on the Sites that contains errors, inaccuracies, or omissions, and they may relate to product or service descriptions, pricing, promotions, offers, and/or availability. Certain products and services may have limited quantities and availability and may be available only in certain geographic regions.

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Sites at any time and without prior notice, including after you have submitted an Order. In the event that any errors, inaccuracies, or omissions affect an Order you have already placed, your sole remedy is to cancel, return, or exchange your Order, to the extent available under applicable Festool policies. Please see “Return Policy” below for more information. The prices displayed on the Sites are quoted in U.S. Dollars and are subject to change without notice.

We also strive to display the colors of our products as accurately as possible, but we cannot guarantee that your Device’s display of these colors will always be accurate. Differences in color and other variations in the products displayed on the Sites may be possible as a result of differences in display technologies or for other reasons.


SITE TRANSACTIONS

A. Orders
Some of the Sites allow users to make purchases of products and/or services (collectively, “Orders”). In the context of Orders, the term “products” refers to physical goods we offer on the Sites, while the term “services” refers to Festool’s offer to perform a service for your benefit, such as the blade sharpening offered through the Festool Sharpen service or other maintenance, repair, or customization services that may be offered from time to time.

If you wish to place an Order, you will be asked to supply certain information, such as your name, method of payment, billing address, and shipping address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY ORDER. You further agree to provide current, complete, and accurate information for all Orders placed by you on the Sites. By submitting any information in connection with an Order, you grant to Festool the right to provide such information to third parties for purposes of facilitating the completion of Orders placed by you. Verification of information may be required prior to the acceptance or completion of an Order. You authorize us to verify your information, including but not limited to your payment information and shipping address, with third party service providers, subject to applicable privacy laws and our Privacy Policy.

Information you submit in connection with an Order will be handled in accordance with our Privacy Policy, which is incorporated by reference into these Terms. By placing an Order, you acknowledge that you have read and agree to our Privacy Policy. By placing an Order, you acknowledge that your personal information may be collected, stored, and otherwise processed by us and/or third-party service providers, including payment processors, for the purposes of facilitating the completion of your Order.

Your placement of an Order constitutes a request to purchase the relevant product or service from Festool. As such, your receipt of an Order confirmation email or similar acknowledgment means that your request has been received; it does not mean that your Order has been accepted or that the price or availability of the product or service has been confirmed. We reserve the right to refuse, cancel, or modify Orders and shall have no liability to you other than refunding your Order. Without limiting the foregoing, we reserve the right to limit or cancel quantities purchased per person, per household, or per Order. These restrictions may include Orders placed by or under the same customer account or payment method and/or Orders that use the same billing and/or shipping address. We also reserve the right to ship the components of a single Order in multiple shipments. If we make a change to or cancel an Order, we will attempt to notify you using the contact information provided when the Order was placed.

PURCHASE OF OUR PRODUCTS FOR UNAUTHORIZED RESALE PURPOSES IS STRICTLY PROHIBITED, AND ANY SUCH PURCHASE SHALL BE VOID AND MAY RESULT IN IMMEDIATE TERMINATION OF YOUR ACCOUNT AND ABILITY TO USE THE SITES, FOLLOWING REASONABLE NOTICE AND AN OPPORTUNITY TO RESPOND TO ANY ALLEGATIONS OF UNAUTHORIZED RESALE. WE RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FOR UNAUTHORIZED RESALE OF OUR PRODUCTS. WE RESERVE THE RIGHT TO LIMIT OR PROHIBIT ORDERS THAT APPEAR TO BE PLACED BY UNAUTHORIZED DEALERS, RESELLERS, OR DISTRIBUTORS, AND TO CEASE DOING BUSINESS WITH SUCH CUSTOMERS.

You agree to pay all charges that may be incurred by you or on your behalf through the Sites, at the price in effect when such charges are incurred, including all shipping fees. You are solely responsible for any taxes that may be applicable to your Orders. We are not responsible for tariff fees applicable to any shipments outside the United States. Please check your country’s tariff policies before placing an Order. In U.S. states where Festool does not collect or remit sales tax, Orders are not necessarily exempt from any applicable sales tax. Purchasers in those states are required to directly pay applicable taxes to the state. Additional information may be found on your state department of revenue website.

Finally, it is your sole responsibility to ascertain and obey all applicable local, state, provincial, federal, and international laws, regulations, and orders regarding the import, export, receipt, possession, use, and disposal of any product or service ordered from the Sites. You acknowledge that certain products may be subject to special handling requirements or restrictions under applicable laws. By placing an Order, you represent that any products or services ordered from Festool will be used only in a lawful manner. Any offer for any product or service made on the Sites is void where prohibited.

B. Shipping
To help ensure that your Order is properly delivered and that you receive shipment within the time frame we advertise, please take care to enter your address fully and correctly, with correct abbreviations and spaces inserted properly. We take no responsibility for any shipping delays or complications resulting from your provision of incorrect information when placing an Order.

Shipping fees are non-refundable. If the delivery of an Order is refused or otherwise undeliverable, you will be held responsible for the original shipping charges and the cost of returning the package to us. While you will obtain a refund for the purchase price of the product, all applicable shipping costs will be deducted from your refund. If your tracking information states that your package was delivered and you have not received it, you must: (i) contact the delivery carrier (which will depend on the shipping method available to/selected by you) within 48 hours of the indicated delivery time, (ii) address the issue directly with the carrier, and (iii) notify Festool of the situation. Festool reserves the right to assist with carrier investigations at its discretion but assumes no liability for packages confirmed as delivered by the carrier.

Except as otherwise set forth herein or required by applicable law, the risk of loss for and title to products you order from the Sites passes to you upon delivery to your designated shipping address for consumer purchases, and upon delivery by Festool to the carrier for commercial purchases. For orders shipping to jurisdictions where local law requires a different transfer of risk, such local law shall control. Festool does not hold or accept responsibility for packages that have been stated as delivered by the carrier. We do not issue refunds or credits for packages that the carrier confirms as being delivered unless you return the Order in accordance with applicable Festool policies.

Orders placed on certain of the Sites, or for certain products or services, may only be available for shipping to certain geographic regions, and shipping availability may change from time to time. Please consult applicable Site or contact us at customerservice@festoolusa.com (for U.S. residents) or customerservice@festoolcanada.com (for Canadian residents) for more information on shipping availability.

C. Cancelling and Making Changes to Orders
You may cancel Orders for products purchased from the Sites until the Order has shipped; provided, however, that if the Order is for a product that requires customization or personalization or that is otherwise not for an “off the shelf” product (collectively, “Customized Products”), we reserve the right to not allow cancellation. Orders for services may not be cancelled absent our permission.

You may contact us at customerservice@festoolusa.com (for U.S. residents) or customerservice@festoolcanada.com (for Canadian residents) to confirm whether you are able to cancel an Order. If the Order is cancellation-eligible, we will cancel the Order at your instruction, send an email confirming the cancellation, and issue a refund to your original method of payment. Once an Order (or any portion of the Order) has shipped, you cannot cancel the Order. If you seek to cancel an Order but are unable to do, you may seek to return or exchange the product, if available under applicable Festool policies. Please see “Return Policy” below for more information.

We do not allow modifications (as opposed to cancellation) of an Order after it has been placed. If you wish to make a change to an Order that has not yet shipped, we suggest you cancel the Order and submit a new order with the changes.

RETURN POLICY

Unless one of our Sites includes Additional Terms with different or additional terms and conditions applicable to returns, exchanges, and/or refunds of Orders placed on the Sites, or unless otherwise required by applicable law, the following policy (the “Return Policy”) applies to purchases from the Sites. This Return Policy may be updated or modified from time to time, and the version in effect at the time of your Order will govern:

A. Returns & Exchanges
We accept returns of products ordered from the Sites, provided that (i) the product is not listed as excluded in this section (see “Exclusions” below) or marked “final sale” or otherwise designated as being ineligible for returns on the applicable portion of the Sites and (ii) the product is returned in new and unused condition within 30 days of the product’s delivery to you. You agree that all determinations regarding the condition of returned products, and whether products are return-eligible, shall be made by Festool in its sole and absolute discretion, and such determinations shall be final and binding.

Customers are responsible for return shipping costs and for arranging all aspects of return shipping. When returning an item, you may choose to receive a refund of the original purchase price (minus initial shipping costs) or exchange the product for another product on the Sites. Customers are responsible for shipping costs for the new product received in exchanges. If the cost of the new product is less than the amount you originally paid, we will credit the difference to your original method of payment; conversely, if the cost of the new product is more than the amount you originally paid, we will charge your original method of payment for the difference. By initiating an exchange, you authorize us to charge your original payment method in such cases. If your original payment method is no longer valid or available, you must provide a valid alternative payment method before we will process the exchange.

To initiate a return or exchange, please consult the applicable Site's return policy or contact us at customerservice@festoolusa.com (for U.S. residents) or customerservice@festoolcanada.com (for Canadian residents) for more information on return or exchange availability and to obtain a Return Merchandise Authorization (RMA) number before returning any items.

B. Exclusions
Unless expressly stated otherwise by Festool in writing, we do not accept returns or exchanges or otherwise provide refunds for the following: (i) all products purchased from festoolrecon.com (the “Festool Recon Site””); (ii) all Customized Products (meaning any products modified or customized to your specifications); (iii) all purchases of services, including all blade sharpening and related services offered on the Festool Sharpen Sites (defined below); and (iv) all purchases of spare parts. All such purchases are final and non-refundable. By placing an order for any of these items or services, you expressly acknowledge and agree to these non-return terms.

C. Damaged Goods
Notwithstanding any other provision of this Return Policy, if you believe that a product that was delivered to you was damaged during shipping, you must submit a request to return the item (“Damage Return Approval”) by contacting us at customerservice@festoolusa.com (for U.S. residents) or customerservice@festoolcanada.com (for Canadian residents) and providing documentation of the damage. We reserve the right to require photos of damaged items for insurance purposes and/or to confirm the damage prior to providing Damage Return Approval. To be eligible for a refund of damaged goods, you must contact us within 30 days of delivery to you, and you must return the goods to us within 30 days of receiving Damage Return Approval.

We will cover the cost of return shipping and will send you a return shipping label for returns of goods damaged during shipping. When you return a damaged item in accordance with the requirements of this section, Festool will, in its sole discretion, either (i) provide a full refund to your original payment method for the price of the item(s) (including initial shipping costs) or (ii) provide an exchange for the original item purchased, provided that we reserve the right to inspect the product to confirm the damage. You agree that such determinations shall be made solely by Festool.

FESTOOL SHARPEN

A. Service Description
Festool Sharpen is a service we offer to facilitate blade sharpening for owners of Festool power-saws. The service is offered through the websites located at festoolsharpen.com (for users in the United States) and festoolsharpen.ca (for users in Canada) (the “Festool Sharpen Sites”). For clarity, this service is provided as a convenience to our customers, and Festool acts solely as a facilitator between you and the Sharpening Partners (defined below). We make no guarantees regarding availability of the service or turnaround times for blade sharpening.

To utilize the Festool Sharpen service, you must visit the applicable Festool Sharpen Site and place an Order for blade sharpening services, which will require certain information from you, including information on your Festool blade and the type of service you are seeking. When your Order has been confirmed and processed by Festool, a pre-paid shipping label will be sent to you via email. Using that shipping label, you must ship your blade to our third-party blade sharpening partner, W.D. Quinn Saw Co. (“Quinn”) in the United States or Aigusatech Inc. (“Aigusatech”) in Canada (the “Sharpening Partner”). You are responsible for packing your blade, applying the shipping label, and furnishing the package to the carrier for shipment, all subject to any additional conditions or requirements communicated by Festool. The Sharpening Partner will perform the blade sharpening service designated in your Order and, when complete, will ship the blade back to you at no additional cost. Festool makes no warranties regarding the services performed by the Sharpening Partner, and any claims relating to such services must be directed to the Sharpening Partner. Nothing in this disclaimer affects your statutory rights or any mandatory warranties that cannot be excluded under applicable law.

All aspects of the Festool Sharpen service are subject to availability, including the availability of our Sharpening Partners. If, after receiving an Order, we are unable to provide the service you requested, we will cancel the Order and provide a refund. If you have already shipped the blade for servicing, it will be returned to you. It is possible that, upon receipt and inspection of your blade, the Sharpening Partner will determine that the blade is unfit for sharpening (e.g., because it is too worn or degraded). If this occurs, the blade will be returned to you at your expense and a refund of the sharpening service fee will be provided.

B. SAFETY NOTICE
USING THE FESTOOL SHARPEN SERVICE INVOLVES HANDLING POWER-SAW BLADES. FESTOOL ENCOURAGES ALL USERS TO EXERCISE EXTREME CAUTION WHEN DOING SO AND OTHERWISE USING THE FESTOOL SHARPEN SERVICE. YOU ACKNOWLEDGE THAT THERE IS A DEGREE OF INHERENT RISK INVOLVED IN YOUR USE OF THIS SERVICE AND YOU KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME RESPONSIBILITY FOR ALL SUCH RISK. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE FESTOOL FOR ANY INJURY TO YOURSELF OR OTHERS ARISING IN ANY WAY FROM YOUR USE OF THE FESTOOL SHARPEN SERVICE, PROVIDED THAT THIS RELEASE DOES NOT APPLY TO INJURIES CAUSED BY FESTOOL'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

FURTHER, BY USING THE FESTOOL SHARPEN SERVICE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR SAFELY AND APPROPRIATELY PACKING YOUR BLADE IN ACCORDANCE WITH ALL APPLICABLE SHIPPING REGULATIONS AND CARRIER REQUIREMENTS PRIOR TO DELIVERING THE PACKAGE TO THE CARRIER AND, CONSEQUENTLY, THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO PERSONS OR PROPERTY RESULTING FROM THE MANNER IN WHICH YOUR BLADE WAS PACKED. YOU AGREE TO HOLD FESTOOL HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS FOR DAMAGES RESULTING FROM, OR ALLEGED TO HAVE RESULTED FROM, THE MANNER IN WHICH YOUR BLADE WAS PACKED.

LINKS TO THE SITES

You are permitted to establish a hyperlink to the homepage of any of the Sites, provided that (i) you do so in a manner that is fair, legal, and does not state or imply any sponsorship or endorsement of, or affiliation with, the originating website, application, or service (the “Originating Site”) by Festool, absent our written consent; (ii) the Originating Site contains no content that you would be prohibited from posting on the Sites pursuant to these Terms or any applicable law; (iii) the Originating Site is owned by you or you have express written consent from the owner to establish the link; and (iv) you do not establish a deep-link or otherwise link to any page other than a homepage of the Sites. You agree to cooperate with us as requested to remove any links that we determine violate these Terms. We reserve the right to withdraw linking permission at any time and without notice.


LINKS TO EXTERNAL SITES

The Sites may contain links to other websites, services, or platforms (“External Sites”). We are not responsible for the availability of External Sites, and we do not endorse the products, services, or content provided by External Sites. External Sites are subject to the terms and conditions and privacy policy (if any) of the owner or operator of the External Site. UNDER NO CIRCUMSTANCES SHALL WE BE HELD RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO HAVE BEEN CAUSED BY YOUR USE OF OR RELIANCE ON ANY CONTENT, GOODS, OR SERVICES AVAILABLE ON EXTERNAL SITES.


YOUR PRIVACY

A. Privacy Policy
Your submission of personal information through the Sites is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference.

B. Key Privacy Points
For ease of reference, we have provided the key points of the Privacy Policy:

We Collect and Use a variety of personal information from you, depending on how you interact with our Sites and services or otherwise communicate with us. This includes::

• Identifiers, such as name, postal address, Internet Protocol (IP) address, email address, phone number, social media handles, and account name;
• Commercial information, such as records of products or services purchased, obtained, or considered, other business names, or other purchasing or consuming histories or tendencies;
• Financial account information, such as payment card information or credit status of our business customers;
• Internet, technical, or other similar network activity, which may include usage and browsing history; device and network information, including device properties, the server you are logged on to, domain name of your internet service provider, browser type and version, or general geographic area associated with your IP address; weblogs; time zone; date; language preferences; web addresses and pages visited; other communication information; search history; and information or recordings of your interaction with our Site. The Festool Work app may also collect telemetry data and Bluetooth® data when it is paired with our products;
• Location information, such as IP address, that describes your general location, or precise geolocation information, such as GPS data;
• Content of communications, such as the contents of phone calls, texts, emails, or chats, including with our chatbot, and any audiovisual information provided in your communications;
• Audio, electronic, or similar information, like videos or recordings of customer support calls and videos or images you submit to us;
• Inferences drawn from other personal information, such as a profile reflecting your preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes;
• Sensitive personal information, such as content of communications, precise geolocation information, and account login and password;
• Professional or employment Information, such as current employer, job title, and contact information of your employer;
• Education history, such as level of education, degrees earned, or schools attended;
• Demographic information, such as age or gender;
• Health information, such as disability status; and
• Any other information as permitted or required by law;

We Use this information for the following purposes:

• To provide you with our products or services;
• To process payment transactions;
• To contact you in relation to our Site or services;
• To respond to your inquiries;
• To screen for potential risk or fraud;
• For internal research to improve our advertisements and marketing initiatives;
• To maintain or improve the quality, functionality, safety and security of our Site or services;
• To optimize and personalize your experience on our Sites and with our services;
• To send you personalized content, information, brochures, coupons, samples, offers and other information on our Sites and our products and services;
• To deliver relevant advertising to you; and
• As otherwise permitted or required by law.

We Disclose or Transfer personal information with the following entities:

• Our affiliates as needed to perform services for us, which may include website hosting, marketing, fraud monitoring, email or mail delivery and administration, or data analysis;
• Our third-party service providers which may include blade sharpening services, website hosting providers, fraud monitoring services, email or mail delivery and administration providers, advertising networks, operating systems or platforms, social networks, or data analytics providers;
• Parties to a prospective or completed business transaction in which we are involved (e.g. mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets); and
• Other entities as permitted or required by law, such as law enforcement, courts, or national security entities..

We Protect your personal information both online and offline (to the extent that we maintain any personal information offline), as described in our full Privacy Policy. However, perfect security does not exist, and we cannot guarantee the absolute security of your personal information.

We Retain your information for as long as needed to fulfill the purpose for which it is collected and to comply with our legal obligations, resolve disputes, and enforce our agreements.

C. Additional Notices for Canadians
Your personal information may be transferred to, and processed in, countries outside of Canada, and accordingly, may be accessible to courts, law enforcement, and national security authorities of those other countries. If you are located in Quebec, your personal information may be communicated and used outside of Quebec.

If you are located in Alberta, you may contact the Privacy Officer of Festool Canada at privacy@festoolcanada.com in order to obtain written information about our policies and practices with respect to service providers and affiliates outside of Canada, or to ask questions about the collection, use, disclosure, or storage of personal information by such service providers and affiliates outside Canada.

Under Bill 25 (Quebec), Quebec residents have specific privacy rights. You may:

• Access and request portability of your personal data in a structured format.
• Request de-indexation of your information from search engines if its dissemination harms your reputation.
• Be notified in the event of a data leak involving a serious risk.
• Contact our Privacy Officer at privacy@festoolcanada.com for any requests related to Law 25.

You may have the right to access and rectify your personal information, and the right to withdraw consent to the collection, use, communication and disclosure of your personal information, subject to certain requirements and restrictions under applicable law. You may request to exercise your rights by making a request using the contact information in the “Contact Us” section below.

SMS MARKETING

By consenting to Festool’s SMS program (the “SMS Program”) during the checkout process or via other subscription tools we provide, you are expressly agreeing to receive recurring automated text messages regarding marketing offers, transactional matters (including related to your orders and account), and any other matters related to the Sites, even if your mobile number is registered on any state, federal, or national do-not-call list. You understand that consent is not a condition of any purchase and that message and data rates may apply. Message frequency varies. Consent to the SMS Program is not a condition of purchase.

If you wish to stop from receiving text messages from Festool, reply with STOP to any text message sent from us or use the unsubscribe link provided to you within our commercial email messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. Message and data rates may apply. By participating in the SMS Program, you represent that you are the owner or authorized user of the device you use to sign up for the program and that you are authorized to approve the applicable charges. We do not charge for the SMS Program, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP in response to any of our messages or reach out to us at the contact information provided in these Terms.

We have the right to modify any telephone number or short code we use to operate the Program at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. In such cases, you must send your requests to the new number or short code we provide. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the SMS Program, any errors in such information, and/or any action you may or may not take in reliance on the information or SMS Program.


DISCLAIMER OF WARRANTIES

IF YOU ARE A QUEBEC CONSUMER AS THE TERM IS DEFINED UNDER THE CONSUMER PROTECTION ACT (CQLR C P-40.1), THE EXCLUSION OF WARRANTIES CONTAINED IN THIS SECTION DO NOT LIMIT YOUR RIGHTS AND REMEDIES UNDER SUCH ACT, INCLUDING THE RIGHT TO MAKE A CLAIM UNDER ANY OF THE STATUTORY WARRANTIES PROVIDED UNDER SECTIONS 34 TO 54 OF SUCH ACT.

IF YOU ARE AN ONTARIO CONSUMER AS THE TERM IS DEFINED UNDER ONTARIO’S CONSUMER PROTECTION ACT (AS IT MAY BE AMENDED OR REPLACED), TO THE EXTENT THE EXCLUSION OF WARRANTIES CONTAINED IN THIS SECTION EXCLUDES DEEMED CONDITIONS OR WARRANTIES UNDER SUCH ACT OR IMPLIED CONDITIONS OR WARRANTIES UNDER ONTARIO’S SALE OF GOODS ACT, SUCH EXCLUSIONS DO NOT APPLY TO YOU.

A. THE SITES
TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE SITES AND THE FESTOOL CONTENT ARE PROVIDED "AS IS." FESTOOL MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE FOREGOING, FESTOOL DISCLAIMS ANY IMPLIED WARRANTIES THAT THE SITES AND THE SOFTWARE, CONTENT, SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FESTOOL OR A REPRESENTATIVE SHALL CREATE A WARRANTY.

WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, OR ACCURATE OR THAT THEY WILL MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, FESTOOL DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL FESTOOL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT ON THE SITES, INCLUDING THESE TERMS.

B. PRODUCTS AND SERVICES
CERTAIN PRODUCTS AND SERVICES OFFERED ON THE SITES MAY BE SOLD BY FESTOOL WITH A WARRANTY. IF A WARRANTY IS APPLICABLE TO A PRODUCT OR SERVICE, THE WARRANTY TERMS WILL BE PRESENTED OR ACCESSIBLE ON THE PORTION OF THE SITES WHERE THE PRODUCT OR SERVICE IS OFFERED FOR SALE AND/OR WITHIN THE PRODUCT OR SERVICE PACKAGING OR MATERIALS. PLEASE CAREFULLY REVIEW ANY WARRANTY MATERIALS APPLICABLE TO OUR PRODUCTS AND SERVICES. YOU MAY CONTACT FESTOOL AT CUSTOMERSERVICE@FESTOOLUSA.COM (FOR U.S. RESIDENTS) or CUSTOMERSERVICE@FESTOOLCANADA.COM (FOR CANADIAN RESIDENTS) WITH ANY QUESTIONS ABOUT WARRANTY COVERAGE.

YOU UNDERSTAND AND AGREE THAT, UNLESS WE EXPRESSLY STATE IN WRITING THAT A WARRANTY APPLIES, THE PRODUCTS AND SERVICES AVAILABLE ON THE SITES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION, WARRANTY, OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT

C. ADDITIONAL RIGHTS
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO EXCLUDE ANY WARRANTIES THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. HOWEVER, YOU AGREE THAT ANY WARRANTY EXCLUSIONS CONTAINED IN THESE TERMS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

IF YOU ARE A QUEBEC CONSUMER AS THE TERM IS DEFINED UNDER THE CONSUMER PROTECTION ACT (CQLR C P-40.1), THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION DO NOT RELEASE FESTOOL FROM THE CONSEQUENCES OF ITS OWN ACTIONS OR THE ACTIONS OF ITS REPRESENTATIVES.

IF YOU ARE AN ONTARIO CONSUMER AS THE TERM IS DEFINED UNDER ONTARIO’S CONSUMER PROTECTION ACT (AS IT MAY BE AMENDED OR REPLACED), TO THE EXTENT THE LIMITATION OF LIABILITY CONTAINED IN THIS SECTION LIMITS OUR LIABILITY WITH RESPECT TO DEEMED CONDITIONS OR WARRANTIES UNDER SUCH ACT OR IMPLIED CONDITIONS OR WARRANTIES UNDER ONTARIO’S SALE OF GOODS ACT, SUCH LIMITATIONS OF LIABILITY DO NOT APPLY TO YOU WITH RESPECT THERETO.

A. LIMITATIONS ON OUR LIABILITY TO YOU
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FESTOOL, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, LICENSORS, OR ANY THIRD-PARTY SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TO SHARPENING PARTNERS) (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE FOR THE FOLLOWING DAMAGES (IF ANY) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITES: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, REVENUE, OR PROFITS (WHETHER DIRECT OR INDIRECT); (3) ANY DAMAGES (INCLUDING FOR ANY DELAY OR FAILURE IN PERFORMANCE) ARISING FROM CAUSES BEYOND THEIR REASONABLE CONTROL; OR (4) ANY DAMAGES ARISING FROM THE CONDUCT OF, OR YOUR INTERACTIONS WITH, OTHER USERS OF THE SITES, IN ALL CASES REGARDLESS OF LEGAL THEORY, EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN ADDITION, WHEN USING THE SITES, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF THE RELEASED PARTIES. ACCORDINGLY, THE RELEASED PARTIES SHALL HAVE NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE SITES.

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE RELEASED PARTIES IN CONNECTION WITH ANY DISPUTE (DEFINED BELOW) EXCEED THE GREATER OF (I) $100 USD OR (II) THE AMOUNT YOU ACTUALLY PAID TO FESTOOL IN CONNECTION WITH YOUR USE OF THE SITES (INCLUDING YOUR PURCHASE OF PRODUCTS OR SERVICES VIA THE SITES) IN THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR FIRST CLAIM RELATED TO THE DISPUTE AROSE, EXCLUDING ANY TAXES, SHIPPING COSTS, OR FEES.

B. EXCEPTIONS & ADDITIONAL RIGHTS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART. FOR CLARIFICATION, NOTHING IN THESE TERMS SEEKS TO EXCLUDE OR LIMIT ANY DAMAGES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. HOWEVER, YOU AGREE THAT ANY EXCLUSIONS OR LIMITATIONS OF DAMAGES IN THESE TERMS SHALL APPLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

INDEMNIFICATION

You agree to indemnify, hold harmless, and (at Festool’s option) defend Festool, its affiliates, officers, directors, employees, agents, and representatives from and against any and all third-party liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and costs, arising from or related to: (i) any material breach by you of these Terms; (ii) your User Content that infringes, misappropriates or violates any third party's rights; or (iii) your use of the Sites in violation of these Terms or applicable law. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.


DISPUTES & ARBITRATION

If there is any controversy, claim, action, or dispute between you and Festool arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), you and Festool agree to resolve such Dispute through the dispute resolution procedures set forth in this section, even if the Dispute arose prior to the Effective Date of these Terms.

A. Informal Dispute Resolution
You and Festool agree to first attempt to avoid the costs of formal dispute resolution by giving each other a full and fair opportunity to address and resolve the Dispute informally. The party with the complaint (the “Complaining Party”) shall send written notice to the other party (the “Receiving Party”) describing the facts and circumstances of the Dispute (a “Dispute Notice”).

All Dispute Notices must: (1) be signed by the Complaining Party; (2) include the Complaining Party’s name, physical address, and email address; (3) describe with specificity the nature and basis of the Dispute in a manner sufficient for the Receiving Party to evaluate the merits of the Complaining Party’s claim, and (4) set forth the alleged damage and harm suffered and the specific relief sought with a calculation for it. Each Dispute Notice is limited to a single Dispute between you and Festool. As such, your Dispute and the Disputes of other parties may not be combined into a single Dispute Notice.

Dispute Notices shall be sent to:

• To Festool: You must send notice (1) by electronic mail to customerservice@festoolusa.com (for U.S. residents) or customerservice@festoolcanada.com (for Canadian residents) and (2) by first-class or certified mail to 400 N. Enterprise Blvd. Lebanon, Indiana 46052.
• To You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by email to the email address we have on file for you (if any). If we do not have any address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we will make reasonable efforts to contact you through other available means, including but not limited to posting notice on our website or through your account if you have one.

You and Festool will attempt in good faith to resolve the Dispute through informal negotiation within sixty (60) days beginning on the date that a valid Dispute Notice is sent (the “Informal Negotiation Period”). During the Informal Negotiation Period, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the Dispute between you and Festool (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. Festool will participate in the Conference through one or more representatives, which may include our counsel.

Both you and Festool agree that the foregoing dispute resolution procedure (the “Informal Dispute Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation against the other party. If any aspect or requirement of the Informal Dispute Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the Dispute.

B. Individual Arbitration
IF YOU ARE A QUEBEC CONSUMER AS DEFINED UNDER THE CONSUMER PROTECTION ACT (CQLR C P-40.1), OR AN ONTARIO CONSUMER AS DEFINED IN ONTARIO’S CONSUMER PROTECTION ACT (AS IT MAY BE AMENDED OR REPLACED), THIS SUB-SECTION B DOES NOT APPLY TO YOU.

IF ANY DISPUTE CANNOT BE RESOLVED BY THE INFORMAL DISPUTE RESOLUTION PROCEDURE, YOU AND FESTOOL AGREE THAT SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by these Terms), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) (the “Minimum Standards”) if, and only if, it is determined by JAMS or the arbitrator that the Minimum Standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $5,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance-based hearing by teleconference or videoconference.

The arbitrator, and not any federal, state, provincial or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Festool agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this section of the Terms or the arbitrability of any claim or counterclaim. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

C. Exceptions
Notwithstanding any other provision of this section, you or Festool may (1) bring an individual claim or elect to resolve a Dispute in small claims court in the United States (if you are a U.S. resident) or Canada (if you are Canadian resident) consistent with any applicable jurisdictional and monetary limits, so long as the action is litigated exclusively in small claims court and is not removed or appealed to a court of general jurisdiction; and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, so long as the action is brought and maintained on an individual basis.

In addition, nothing in these Terms prohibits you or us from bringing issues to the attention of federal, state, provincial, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).

CHOICE OF LAW & FORUM

These Terms have been made in and shall be construed in accordance with the laws of the state of Indiana, without giving effect to any conflict of laws principles.

You and Festool acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16) (if you are a United states resident) or the Commercial Arbitration Act (R.S.C., 1985, c. 17 (2nd Supp.)) (if you are a Canadian resident). The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.

Except for disputes or claims properly lodged in a small claims court in the United States (if you are a U.S. resident) or Canada (if you are a Canadian resident), any disputes or claims not subject to arbitration shall be resolved by a court located in the state of Indiana (if you are a U.S. resident) or the province of Ontario (if you are a Canadian resident), and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Notwithstanding any other provision of this section, if you are a Quebec resident, these Terms shall be governed and interpreted in accordance with the laws of the Province of Quebec and the applicable federal laws of Canada, and any dispute or claim shall be brought and resolved by the courts of the Province of Quebec, judicial district of Montreal.


JURISDICTION; EXPORT CONTROL

Festool controls and operates the Sites from within the United States and makes no representation or warranty that the Sites are appropriate or available for use or access in any location outside of the United States, with the exception of the websites located at festoolownergroup.com, festooldealer.com, festoolcanada.com, festoolsharpen.ca, festoolfanshop.ca, which are intended for users located in Canada. Anyone using or accessing the Sites from outside the United States or Canada (as applicable based on the Site) does so at their own risk and is responsible for compliance with all applicable laws and regulations, including all export control laws and regulations.


CLAIMS OF COPYRIGHT INFRINGEMENT

We comply with the Digital Millennium Copyright Act (“DMCA”). If you have a concern regarding the use on the Sites of copyrighted material that you own or are authorized to enforce, please send notice (a “Copyright Notification”) to our agent designated for responding to reports of copyright infringement (“Designated Agent”). In the subject line of your Copyright Notification, please include “Re: Claim of Copyright Infringement.” The contact information for our Designated Agent is as follows: FESTOOL USA LLC. C/O COMPLIANCE OFFICER 400 N. Enterprise Blvd. Lebanon, Indiana 46052 (mail); 1-765-482-4500 (telephone); compliance@festoolusa.com (for U.S. residents) or compliance@festoolcanada.com (for Canadian residents) (email).

To be effective, the Copyright 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 us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email 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; and;
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.

When we receive a substantially compliant Copyright Notification, we will expeditiously remove or disable access to the allegedly infringing content. We may give notice to the user responsible for the content by means of a general notice on the Sites, email to the user’s address in our records, or written communication sent by first-class mail to the user’s physical address in our records.

If you receive such a notice and believe that the content in question was removed as a result of mistake or misidentification, you may send a response (“Counter-Notification”) in writing to the Designated Agent. To be effective, the Counter-Notification must be a written communication that includes the following:

1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
4. Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy of terminating access to the Sites, in appropriate circumstances and where technically feasible, with respect to users who we deem to be repeat infringers.


MODIFICATION AND TERMINATION OF THESE TERMS AND THE SITES

A. Changes to these Terms
We reserve the right to modify these Terms at any time. When we do so, we will update the “Effective Date” at the beginning of these Terms. For material changes, we will seek to supplement such notice by email, a pop-up message on the Sites, another other prominent notice on the Sites, or by other reasonable means). Your continued use of the Sites following any changes to these Terms and after receiving notice of such changes will constitute your acceptance of the Terms as modified. If you do not agree with the modified Terms, you must stop using the Sites.

For residents of Quebec, we will provide at least 30 days’ notice prior to any new terms taking effect, which will set out the text of the amended clause of these Terms and the date the changes will come into force. You will then have a further 30 days after such entry into force to cease your use of the Sites. Your use of the Sites after such date constitutes your agreement to those changes. Accordingly, you agree to periodically review these Terms and Conditions when accessing or using the Sites.

B. Termination of these Terms.
These Terms will continue to apply to you until terminated by either you or Festool. We may terminate these Terms or suspend your access to the Sites at any time if we believe you have breached any of these Terms, if we stop providing the Sites or any material component thereof, or as we believe necessary to comply with applicable law. You may terminate these Terms at any time by contacting the Festool customer service team at customerservice@festoolusa.com (for U.S. residents) or customerservice@festoolcanada.com (for Canadian residents). If you or we terminate these Terms, or if we suspend your access to the Sites, you agree that (i) your right to access and use the Sites ceases immediately and (ii) we shall have no liability or responsibility to you in connection with such termination or suspension, and (iii) except as expressly provided otherwise by Festool in writing, we will not refund any amounts that you have already paid to us.

The following provisions shall survive the termination of these Terms: This section; the sections OWNERSHIP OF THE SITES (excluding the license granted to you), VIDEO CONTENT ON THE SITES, USER CONTENT, FESTOOL SHARPEN, DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, DISPUTES & ARBITRATION, CHOICE OF LAW & FORUM, and MISCELLANEOUS; and any other provisions of these Terms that, either explicitly or by their nature, must remain in effect even after termination of these Terms.

C. Modifications to the Sites.
We may change, restrict access to, suspend or discontinue the Sites, or any portion of the Sites, at any time by providing reasonable advance notice except where such change, restriction, suspension or discontinuation is necessary to: (i) address security concerns; (ii) comply with law or regulation; or (iii) respond to emergency situations, in which cases we may take such actions immediately without notice. You understand, acknowledge and agree that Festool will not be liable to you or to any third party for any such termination, modification, suspension, or discontinuance of the Sites.

MISCELLANEOUS

A. Interpretation
In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall be construed as if followed by “without limitation.” Titles and headings to sections herein are inserted for the convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of these Terms. Any limited or specific disclaimers or limitations of liability in these Terms shall not limit the effect, force, or breadth of any other disclaimers or limitations of liability in these Terms. When these Terms refer to a decision or action that will or may be made or taken by Festool, such decision or action shall be made, taken, or refrained from in Festool’s sole discretion and judgment.

B. No waiver
If Festool does not exercise or enforce any legal right or remedy which is contained in these Terms, or which Festool has the benefit of under any applicable law or regulation, such inaction shall not be taken to be a formal waiver of Festool’s rights, and all such rights or remedies shall still be available to Festool.

C. Severability
If any provision of these Terms is held to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

D. Entire Agreement
These Terms (which, for avoidance of doubt, includes all Additional Terms) set forth the entire understanding and agreement between us with respect to your use of the Sites.

E. Assignment.
You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms without restriction, provided that any such assignment, transfer, or sublicense shall not materially diminish your rights under these Terms or release us from our obligations hereunder.

F. No Relationship
These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Festool.

G. Notice Regarding Apple
If you download any of our Apps from the Apple, Inc. (“Apple”) App Store, or if you are using an App on an iOS device, you acknowledge that you have read, understand, and agree to the terms and conditions set forth in this sub-section.

These Terms are between you and Festool. Apple is not a party to these Terms and Apple is not responsible for the Apps or the content thereof. If you download an App from the App Store or use an App on an iOS device, the license granted to you in the Ownership of the Sites section of these Terms is (i) limited to a non-transferable license to use the App on any Apple-branded Device that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, and (ii) subject to these Terms and any applicable third-party terms. You acknowledge that these Terms are concluded between you and Festool only, and not with Apple.

Apple has no obligation to furnish any maintenance or support services with respect to the Apps. In the event of any failure of the App to conform to an applicable warranty (if any), you may notify Apple and Apple will refund the applicable purchase price for the App (if any) to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App, including: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; (3) claims arising under consumer protection or similar legislation; and (4) claims with respect to intellectual property infringement. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

H. Notice to California Residents.
You may reach Festool at the contact information provided below under “Contact Us.” California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

WITH RESPECT TO ANY LIMITATIONS OR DISCLAIMERS OF WARRANTIES OR LIABILITY INCLUDED IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

I. Admissibility.
You agree that a printed version of these Terms, any amendments thereto, and/or any notice or communication given in electronic form shall be admissible as an original in judicial or administrative proceedings based upon or relating to these Terms or your use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CONTACT US

If you have any questions, comments or concerns about these Terms, please contact us at:

• Email: (responses typically within 2 business days) customerservice@festoolusa.com (for U.S. residents) or customerservice@festoolcanada.com (for Canadian residents)
• Mail: 400 N. Enterprise Blvd. Lebanon, Indiana 46052, United States of America
• Phone: 1-888-337-8600 (United States) or 1-855-784-9727 (Canada)