TOOLPORT TERMS OF SALE

2. Changes to These Terms

We reserve the right to amend, modify or replace these Terms at any time, immediately upon notice to you by any reasonable means, including by posting the revised Terms on our Online Shop. By continuing to purchase or submit any orders for Toolport Products from a Toolport Store after such revisions become effective, you agree to be bound by the revised Terms.

3. Order Acceptance and Billing

You represent and warrant that all personal information you have provide in connection with any order of Toolport Products is valid and accurate, including, without limitation, your name, billing address, shipping address, phone number and email address. You represent and warrant that you have the right to use the credit card or other payment information that you provide to us. We have the right to verify any information you provide prior to acknowledgement or completion of any purchase or order. Providing any untruthful or inaccurate information may result in cancellation of your order.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Toolport Products and all shipping and handling charges and applicable taxes and fees. All orders of Toolport Products are expressly conditioned upon acceptance by us. We reserve the right to refuse or cancel an order, including any portion thereof, for any reason including for reasons such as limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or a suspicion of fraud or unlawful activity. Prior to accepting your order, we may request additional information from you. You cannot cancel or change an order once it has been submitted. You should notify us immediately if discrepancies are noted in the order confirmation.

If a portion of or your full order is cancelled after your credit card (or other payment method) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge corresponding to the portion of your order that has been cancelled.

4. Inventory and Pricing

Toolport strives to provide correct inventory information on the Toolport Stores, but not all inventory information may be accurate. We cannot confirm the price or availability of a Toolport Product until after your order is placed. If an item you have ordered becomes unavailable after the order has been placed, we may cancel the order and notify you by reasonable means (such as by phone, mail, or email if you made the order through our Online Store).

5. Product Descriptions

Toolport strives to be as accurate as possible in describing the Toolport Products, but Toolport Product descriptions or other content communicated via a Toolport Store may not always be accurate, complete, reliable, current, or error-free. Toolport reserves the right to amend, modify or remove any Toolport Product descriptions and pricing at any time without prior notice to you.

6. Toolport Limited Warranty

BY PURCHASING, ORDERING, OR USING A TOOLPORT PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE LIMITED WARRANTY LOCATED AT WWW.ALLTENTS.COM/LIMITED-WARRANTY/ AS UPDATED FROM TIME TO TIME. SUCH WARRANTY IS INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU DO NOT AGREE TO SUCH WARRANTY, DO NOT PURCHASE OR USE THE TOOLPORT PRODUCT, OR IF YOU HAVE ALREADY PURCHASED IT, YOU MUST RETURN IT WITHIN THE RETURN PERIOD STATED IN TOOLPORT’S RETURN POLICY LOCATED WWW.ALLTENTS.COM/RETURNS/.

7. Replacement Parts

Parts from Toolport Products other than the Toolport Product you purchased are not interchangeable, may not be safe and are not guaranteed by Toolport. You may only order parts that are listed as being appropriate for the Toolport Product you purchased or ordered. We do not guarantee that all patterns or colors will match the Toolport Product you purchased or ordered. At any time, Toolport may substitute the original color or pattern of a Toolport Product part with a different color or pattern.

8. Pricing

All prices on our website are listed in U.S. Dollars. Prices do not include shipping or handling, which shall be charged on all orders as applicable and will be indicated at the time of your order. In the event a Toolport Product is listed at an incorrect price due to a typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled due to a pricing error, we will issue a credit to your credit card account in the amount of the incorrect price.

9. Promotional Code Rules & Restrictions

Please note that these Terms may change for future promotions. When redeeming an offer advertised on our website, please click the hyperlinked promotion code, if shown, to read the specific promotional details.

Promotional codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code.

10. Shipment and Delivery

Unless otherwise indicated at the time of ordering or by subsequent notification from us, shipments will be made via a carrier that we select, or if we give you a choice of shipping method, the carrier that you select. If you choose an express delivery service, an additional charge may be imposed at the time of your order. If your order is accepted and the Toolport Products selected are in stock, your order may ship within the time indicated on our Online Shop. Toolport makes no representation, warranty or commitment that Toolport Products shall be shipped in accordance with the time indicated on the Online Shop. All ship and delivery dates specified on our Online Shop are estimates only and are subject to change. We do not guarantee delivery dates, and we are not responsible for delays by the carrier. Risk of loss and title to ordered items pass to you upon delivery to the shipping carrier. Inspect your shipment upon arrival. Report any shipping-related damage immediately to the carrier

11. Returns

Returns are only accepted for Toolport Products purchased via a Toolport Store and in accordance with the Return Policy set forth at www.alltents.com/returns/. Toolport does not accept returns of Toolport Products purchased through any unauthorized third-party or outside of a Toolport Store. To obtain further return information or to arrange to return your Toolport Product, please contact a Customer Service representative using one of the contact methods included in section 18. All returned Toolport Products must be shipped freight pre-paid. You must use a package delivery service able to track and/or insure your return Toolport Products. By placing an order or purchasing a Toolport Product via a Toolport Store, you are accepting this return policy. All in-store purchases must be returned in-store.

12. Electronic Communications

You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on our Online Shop. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If you wish to have a copy of these Termsin paper form and you are unable to print a copy on your own computer system, we will provide you with a paper copy at no charge if you contact a Customer Service representative using one of the contact methods included in section 18.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TOOLPORT BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, OR LOSS OF USE, LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL OR REPUTATION, RESULTING FROM ANY BREACH OF CONTRACT OR STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER WE KNOW OR HAVE REASON TO KNOW OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL TOOLPORT BE LIABLE FOR ANY DAMAGES, INCLUDING SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, OR LOSS OF USE, LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS OR SAVINGS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL OR REPUTATION, RESULTING FROM ANY USE OF A TOOLPORT PRODUCT IN VIOLATION OF ANY STATE OR LOCAL LAW, ORDINANCE, OR REGULATION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT OUR LIABILITY IS NOT ALREADY EXCLUDED ABOVE, IN NO EVENT WILL OUR LIABILITY FOR ANY DAMAGE OR LOSS OF ANY KIND WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY TOOLPORT PRODUCT, INCLUDING YOUR PURCHASE, ORDERING OR USE THEREOF, EXCEED THE AMOUNT PAID BY YOU FOR THE RELEVANT TOOLPORT PRODUCT.

14. Terms of Use and Severability

We provide our services to you subject to our Terms of Use www.alltents.com/terms-of-use/, and your order and purchase are also subject to those terms which are incorporated herein. In the event of a conflict between our Terms of Use or Privacy Policy (located at www.alltents.com/privacy-notice/) and these Terms of Sale, these Terms of Sale will control. We reserve the right to make changes to our site, policies, Terms of Use, Privacy Policy and these terms at any time. If any part, term or provision of these Terms shall be held illegal, unenforceable or in conflict with any law of a federal, state or local government having jurisdiction over these terms, the validity of the remaining portion or portions shall not be affected thereby.

15. Force Majeure

Toolport will not be in breach and will not be liable for any delay of its performance, or non-performance, of any its obligations under these Terms to the extent such delay or non-performance is due to circumstances beyond the reasonable control of Toolport including, without limitation, fires, floods, ice or snow, terrorism, accidents, riots, war, government interference, pandemic, epidemic, embargoes, strikes, shortage of labor, materials or supplies, inadequate transportation facilities or any other cause beyond Toolport’s reasonable control.

16. Choice of Law; Claims Limitation

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any principles of conflicts of law. Subject to Section 17, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent any lawsuit or court proceeding is permitted hereunder, you and Toolport irrevocably consent to the exclusive jurisdiction of the federal and state courts located in North Carolina in connection with any action arising out of or related to these Terms or their subject matter. You and Toolport waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenient in any such action.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM UNDER THESE TERMS MUST BE BROUGHT WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED

17. Disputes, Arbitration; Class Action Waiver

17.1 Disputes

A “Dispute” is any controversy or claim that relates in any way to any Toolport Product or otherwise relates to or arises out of these Terms, or any question regarding whether a matter is subject to mandatory arbitration under these provisions.

17.2 Mandatory Arbitration

MOST DISPUTES CAN BE RESOLVED QUICKLY AND TO YOUR SATISFACTION BY CONTACTING A CUSTOMER SERVICE REPRESENTATIVE USING ONE OF THE CONTACT METHODS INCLUDED IN SECTION 18. HOWEVER, IN THE EVENT THAT TOOLPORT CANNOT RESOLVE A DISPUTE WITH YOU AND SUCH DISPUTE DOES NOT QUALIFY FOR SMALL CLAIMS COURT, THEN BOTH YOU AND TOOLPORT AGREE TO SUBMIT THE DISPUTE TO THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES THEN IN EFFECT IN CHARLOTTE, NORTH CAROLINA OR IN THE COUNTY OF YOUR REGISTERED ADDRESS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND TOOLPORT AGREE THAT EACH IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY JURY.

YOU AND TOOLPORT AGREE THAT ANY ARBITRATION REQUIRED BY THE ABOVE WILL TAKE PLACE ON AN INDIVIDUAL BASIS.

Either party may bring an individual action in small claims court. This provision does not
preclude either party from seeking an individualized preliminary injunction or temporary
restraining order, pending arbitration, in any court that has jurisdiction. Nor does this provision
bar you from bringing issues to the attention of federal, state or local agencies.

17.3 Class Action Waiver

ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS. YOU AND TOOLPORT EACH AGREE TO WAIVE THE RIGHT TO HAVE ANY DISPUTE SUBJECT TO ARBITRATION BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED AS A CLASS ARBITRATION, CLASS
ACTION OR COLLECTIVE ACTION TO THE EXTENT PERMITTED BY APPLICABLE LAW. UNLESS OTHERWISE AGREED BY YOU AND TOOLPORT, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND TOOLPORT ALSO EXPRESSLY WAIVE THE RIGHT TO SEEK, RECOVER OR OBTAIN ANY NON-INDIVIDUAL RELIEF.

17.4 Initiating Arbitration

If a party intends to seek arbitration, such party must first send to the other party, by certified mail, a written notice demand for arbitration (“Demand”). The Demand should be addressed to Toolport US, Inc. 436 East 36th Street, Charlotte, NC 28205 and must be signed by you personally. A Demand to you from Toolport may be to you directly, or if you are represented, to your legal counsel. The notice must contain (a) a description of the nature and basis of the Dispute, and (b) set forth the relief sought. If you and Toolport do not reach an agreement and resolve the claim within 30 days following the receipt of the Demand, you or Toolport may commence an arbitration proceeding pursuant to this Section.

17.5 Arbitration Fees

Toolport shall bear the fees and expenses for the arbitrator and other incidental costs (including any filing fees or administration fees) that would not be incurred in a court proceeding. Each party will otherwise bear the expense of their respective attorneys, experts and witnesses and other expenses, regardless of who prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.

17.6 Binding Arbitration

The arbitrator’s award will be final and binding on all parties to the arbitration. Either party may enter judgment on the award in any court. Nothing in these Terms will give the arbitrator any authority, power or right to alter, change, amend, modify, add to or subtract from the provisions of these Terms. The parties agree that this provision will be governed by the Federal Arbitration Act, 9 USC §1 et seq. To the extent permitted by applicable law with respect to any judicial action taken, the parties hereby agree to submit to the exclusive personal jurisdiction of state and federal courts situated in North Carolina and the United States District Court for the Western District of North Carolina.

18. Customer Service

You may contact a Customer Service representative through the Contact form at www.alltents.com/contact/, via e-mail at service@alltents.com or by phone at (980) 486-0496 during normal business hours.

19. Export Policy

You acknowledge that the Toolport Products may be subject to the customs and export laws and regulations of the country in which the products are manufactured or received, and you agree to comply with all applicable laws. No Toolport Products may be transferred to, transshipped through, exported to, or re-exported by you to any territory (or national resident thereof), person, entity, or organization to which such Toolport Products could not be transferred directly from the United States or by a U.S. person without a license, including to any person on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List.

20. Entire Agreement

These Terms and any terms linked herein represent the complete agreement and understanding between you and Toolport and supersede all prior agreements, any purchase order and/or contract with respect to the subject matter of these Terms. There are no oral understandings, representations or agreements relative to this Agreement which are not fully expressed herein.