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Shopsmith Policies
Terms
& Conditions
Privacy Policy
Our Guarantee
Ordering Methods
Shipping Methods
Online Security
Return & Cancellation Policy
Sales Tax Charges
Product Idea Submission Policy
Trademarks
Other Information
Shopsmith
Terms & Conditions
The
use of the Shopsmith.com web site (this "Web site") and the sale of products
and services offered on this Web site are governed by the terms and conditions
set forth below and all other disclaimers, guidelines, policies and terms
and conditions of sale appearing on this Web site under "Terms and Conditions".
Your use of this Web site in any manner, whether browsing, activating
an account with us or making a purchase, constitutes your acknowledgement
that you have read the Terms and Conditions and that you agree to follow
and be bound by them. Shopsmith reserves the right to modify or
change the Terms and Conditions at any time without prior notice to you.
Therefore, we recommend that you please read them carefully each time
you use this Web site.
Usage Restrictions
You may access and view the Content (as defined below) appearing on this
Web site for personal, non-commercial use only. You may download and/or
copy certain portions of the Content for personal, non-commercial use
only, provided that you (a) retain all copyright, trademark or other proprietary
notices contained on the Content, (b) do not modify or alter the Content
in any way and (c) do not make the Content available to any third party.
Shopsmith reserves complete title and full intellectual property
rights in any Content that you download from this Web site.
You agree to use this Web site only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Web site; and (iii) conducting fraudulent activities.
Privacy Policy
Shopsmith use of personal information that you may submit to Shopsmith
through this Web site is governed by the Shopsmith.com Privacy Policy.
Please see Privacy Policy.
Proprietary Rights
The Shopsmith logos and trademarks, as well as other marks, trade
names, trademarks and logos on this Web site, are the properties of their
respective owners. You may not use, reproduce, copy or manipulate such
logos in any manner without the prior written consent of the owner.
The entire contents of this Web site, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by Shopsmith or a Shopsmith, affiliate or by third parties who have licensed their rights to Shopsmith. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Shopsmith owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Web site. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.
Submissions to
www.shopsmith.com and Affiliated Servers
Any remarks, suggestions, ideas, messages and data submitted by you to
Shopsmith through this Web site or other Shopsmith-affiliated
web sites (collectively, the "Messages") shall be and remain the exclusive
property of Shopsmith Therefore, Shopsmith discourages you
from submitting Messages that you do not wish to assign to Shopsmith,
including confidential information or any original creative materials
such as product ideas or original works. You represent and warrant to
Shopsmith, and accept responsibility for, the accuracy, appropriateness
and legality of the Messages. Your submission of such Messages shall constitute
an assignment to Shopsmith of all worldwide right, title and interest
in and to all copyrights and other intellectual property rights in the
Messages. Shopsmith is entitled to use, copy modify, disclose, distribute
and make derivative use of any of the Messages for any purpose without
restriction or compensation in any way to you.
Modification of
Content
Shopsmith attempts to ensure that the Content on this Web site is
complete and current. As indicated in the DISCLAIMERS set forth below,
Shopsmith does not guarantee that the information contained on this
Web site will not contain errors, inaccuracies or omissions. Such errors,
inaccuracies or omissions may relate to price or to product description
or availability. Shopsmith reserves the right to correct any error,
inaccuracy or omission or to change or update the Content without prior
notice to you. Further, Shopsmith reserves the right to refuse or
cancel any orders containing any error, inaccuracy or omission, whether
or not the order has been submitted, confirmed and/or your credit card
has been charged. If your credit card has been charged for the purchase
and your order is canceled, Shopsmith shall promptly issue a credit
to your credit card. If you are otherwise unsatisfied with your purchase,
you may return it to Shopsmith in accordance with our Return/Cancellation
Policy. Please see our Return/Cancellation Policy.
Placing an Order
At this time, Shopsmith ships merchandise only to locations within
the continental United States, as well as, Alaska and Hawaii and not to
international locations. The risk of loss and title for all merchandise
ordered on this Web site pass to you when the merchandise is delivered
to the shipping carrier. To see Shopsmith shipping and delivery
policies in more detail, please see Shipping & Delivery.
You may purchase merchandise from this Web site by using MasterCard, VISA, American Express or Discover. Shopsmith reserves the right to change its payment procedures at any time without prior notice to you.
Shopsmith is required by law to collect all taxes based on where your order is being shipped or delivered. Whey you review your order total during the checkout process, you'll see the estimated sales tax. The actual charge to your credit card will reflect the applicable state and local taxes.
Once your order is submitted to us, we cannot change or cancel an order until your merchandise is received by you. All returns of merchandise are subject to Shopsmith return policy, available under Returns/Cancellations.
DISCLAIMERS
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE
THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL
USE OF THIS WEBSITE IS AT YOUR OWN RISK. SHOPSMITH DISCLAIMS, AND
YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF SHOPSMITH
WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE,
WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING,
BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND
(C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING,
YOU ACKNOWLEDGE THAT SHOPSMITH DOES NOT REPRESENT OR WARRANT THAT
THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE
OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS,
DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
SHOPSMITH DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED IN THIS WEBSITE, INCLUDING ANY ADVICE OR OTHER SIMILAR INFORMATION OBTAINED BY YOU FROM US OR THROUGH THIS WEBSITE. SHOPSMITH DOES NOT MAKE ANY REPRESENTATION THAT THE CONTENT PROVIDED IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
Shopsmith reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited.
To properly serve all customers, Shopsmith reserves the right to limit quantities. Only one (1) of this item may be placed into your shopping cart.
Shopsmith further reserves the right to cancel multiple orders of this item purchased by the same Shopsmith.com user and/or shipped to the same delivery address.
Shopsmith may display advertising prints for products sold through this Web site. Shopsmith, attempts to display the colors of the products shown on this Web site as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you.
Limitation of Liability
IN NO EVENT SHALL SHOPSMITH, ITS DIRECTORS, OFFICERS, EMPLOYEES,
AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE,
WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE,
PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY,
TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION,
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO
USE, OR RESULTS OF USE OF, THIS WEB SITE OR ANY CONTENT ON THIS WEB SITE,
EVEN IF SHOPSMITH OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEB SITE
AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USE OF THIS WEB SITE. IF ANY PORTION OF THIS
LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN
SHOPSMITH TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED
DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
Enforcement
By accessing and using this Web site, you agree that your access and use
of this Web site is subject to the Terms and Conditions, and all applicable
laws, as governed by the laws of the State of Ohio, without giving effect
to any principles or conflicts of laws.
Links to Third
Party Web sites
This Web site may contain links to other sites that are neither owned
nor operated by Shopsmith (although some such sites may have an
affiliation with Shopsmith) (collectively, "Third Party Sites").
Such links are provided for your convenience only. Shopsmith makes
no representations whatsoever about any Third Party Sites which you may
access through this Web site, as Shopsmith has no control over the
content appearing on such Third Party Sites. Moreover, a link to a Third
Party Site does not imply and does not constitute sponsorship, endorsement,
approval or responsibility for the content on, or the use of, such Third
Party Site. No rights to use or copy the information on this Web site
or the Third Party Site is granted or implied. Please Note: The privacy
policies applicable to Third party Sites may differ significantly from
Shopsmith Privacy Policy. You are encouraged to review the applicable
privacy policies of such Third Party Sites.
Miscellaneous
The Terms and Conditions constitute the entire agreement between you and
Shopsmith with respect to this Web site. The Terms and Conditions
supercede all prior or contemporaneous communications and proposals, whether
electronic, oral or written between you and Shopsmith with respect
to this Web site. No modification of the Terms and Conditions shall be
effective unless it is authorized by Shopsmith If any provision
of the Terms and Conditions is found to be contrary to law, then such
provision(s) shall be constructed in a manner to closely reflect, as much
as possible, the intentions of the parties, with the other provisions
remaining in full force and effect.
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Shopsmith
Privacy Policy
Because we value our
customers and the trust that you place in Shopsmith, we want to make sure
that you understand what information we gather about you when you visit
this Web site, how we use that information, and the safeguards we have
in place to protect that information.
We will update this Privacy Policy statement if elements of our policy materially change. If you are concerned about how your personal information is used, please visit our Web site often for this and other important announcements from Shopsmith.com.
How does Shopsmith.com
ensure that your information is secure?
Shopsmith.com will maintain practices and procedures designed to ensure
the security, integrity and confidentiality of customer information. We
restrict and limit access to customer information only to those employees
who need it to carry out their business functions, and educate our employees
about safeguarding customer information and preventing its unauthorized
access, disclosure, or use. When you use a credit card to make a purchase
at Shopsmith.com, we use Secure Socket Layer encryption (SSL) to encrypt
your personal information, including your credit card number, before it
travels over the Internet. SSL technology is the industry standard for
secure online transactions. Making a credit card purchase online at Shopsmith.com
is just as safe as making a credit card purchase over the telephone. But
if you would prefer to use the phone, just call 1-937-890-5197, and one
of our customer service associates will gladly take your order. Shopsmith.com
will monitor and adopt, as appropriate, new technological improvements
that are designed to aid in ensuring the accuracy and security of customer
information.
What type of information
does Shopsmith.com collect online?
General Browsing:
Shopsmith.com gathers navigational information about where visitors go
on our Web site and information about the technical efficiencies of our
Web site and services (i.e., time to connect to our Web site, time to
download pages, etc.). This information allows us to see which areas of
our Web site are most visited and helps us better understand our visitors'
experiences at Shopsmith.com. With the navigational information, we can
improve the quality of our Web site by recognizing and delivering more
of the features, areas and services our visitors prefer. In the process
of gathering navigational information, non-personally identifiable information
(for example, domain type, browser version, service provider and IP address)
may be collected.
Collection of Personal
Information:
We may ask you to voluntarily provide information in a few circumstances.
When you purchase items from Shopsmith.com, we will ask you to voluntarily
provide certain personally identifiable information, such as, your name,
address, telephone number, e-mail address, and credit card number. We
need this information to process and fulfill your order and notify you
of order status. Other examples of when we may ask you to voluntarily
provide personally identifiable information include if you choose to use
or participate in one our various services, promotions, programs, surveys,
or clubs, we may collect additional information. From your transactions
and other interactions with us, we obtain information concerning the specific
produces or services you purchase or use.
To ensure compliance with federal law, Shopsmith.com does not maintain information provided by children under the age of 13.
Does Shopsmith.com
Use Cookies and other technology?
A "cookie" is a small data file stored by your web browser on your computer's
hard drive. Cookies assign a unique identification to your computer. This
allows us to recognize who you are when you arrive at our site by associating
the identification numbers in the cookie with other information you as
a customer have provided us.
In order to register on or order products from our site, your browser must be set to accept cookies. We use cookies to track the items you place in your shopping cart and pages you visit. You must enable cookies on your web browser for Shopsmith.com to function correctly. Cookies allow us to understand how you clicked to our site and what pages you click on during your visit to our site. Cookies assist us in tracking which of our features you like best. They also enable us to customize our content according to your preferences.
If you are concerned about information contained in your Shopsmith.com cookie, you may delete the file(s) at the end of each browser session. View your browser's help file for more information on cookies. The only personal information our cookie can contain is information you supply yourself. Our cookies cannot read data from your computer.
How does Shopsmith.com
use the information collected online?
The information we collect online is added to the Shopsmith.com database
and is primarily used to deliver services and information about our products
to you. In addition, we may also use the information you provide at this
Web site to allow you to access the member portions of our Web site, or
to enable you to receive other membership benefits. We use the information
we collect for various purposes, including:
- to complete your purchase transactions;
- to provide the services you request;
- to send you our catalogs and other offerings through the mail;
- to contact you about the status of your orders;
- to identify your product and service preferences, so that you can be informed of new or additional products, services, and promotions that might be of interest to you;
- to improve our merchandise selections, customer service, and overall customer shopping experience.
If you do not wish to receive e-mails about special offers, new products, contests and other promotions from Shopsmith.com, or if you do not wish to receive other marketing materials from us by regular mail, please call us at 1-937-890-5197.
In certain circumstances, Shopsmith.com may share your customer information with trusted service providers that need access to your information to provide operational or other support services. To ensure the confidentiality and security of your information, service providers must agree to safeguard your information in strict compliance with the policy.
We also may provide information to regulatory authorities and law enforcement officials in accordance with applicable law or when we otherwise believe in good faith that the law requires it.
Miscellaneous:
International Visitors:
If you are visiting Shopsmith.com from a location outside of the U.S.,
your connection will be through and to servers located in the U.S. All
information you receive from Shopsmith.com will be created on servers
located in the U.S. and all information about you will be maintained in
Web servers and internal systems located within the U.S.
Links:
For your convenience, our Web site may contain links to other Web sites.
Shopsmith.com is not responsible for the privacy practices, advertising,
products or the content of such Web sites. None of the links that appear
on Shopsmith.com should be deemed to imply that Shopsmith.com endorses
or has any affiliation with the linked Web sites.
Security Statement:
Shopsmith.com has implemented the following security measures to protect
the information we have collected at our Web site: we store your personal
information in databases that use firewall protection; we limit access
to your personal information to select employees and third party service
providers with a valid business need for the information; and we hold
our employees and third party service providers responsible for upholding
our privacy standards.
Applicability:
This Privacy Policy applies only to the information collected online by
Shopsmith
Contact Us:
If you have additional questions or would like more information on this
topic, please feel free to contact us by phone at 1-937-890-5197 or by
mail at:
Customer Service
Shopsmith
6530 Poe Ave Dayton, OH 45414
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Our
Guarantee - Buying From Shopsmith
Shopping On-line and not being able to touch an item requires a lot of
trust in the merchant you are buying from. We here at Shopsmith, understand
the need to uphold that trust. We'll keep doing our very best every day, with
every order and with every customer to provide you with only highest quality
products backed up with our 100% Satisfaction Guarantee...
Use any
product for a full 30 days. Make as many projects as you would like to be
completely satisfied that the product gives the performance you expect. If
by chance you are not satisfied, you can return the product within 30 days.
No questions asked. See Returning Merchandise for more information.
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Ordering
Methods - Five easy ways to order
1. Order On-line: Using a Credit Card with our Secure On-line Catalog.
This Catalog includes the entire line of Shopsmith Woodworking products, many
items not found in our current printed catalog and Service/Repair parts for
your Shopsmith equipment. Prior to ordering you should be discuss any questions
with a Technical Support agent. You may order any item shown on our web site
through our Secure On-line ordering system.
2. Telephone Orders: USA Customers Call Toll Free at 1-937-890-5197. Customer Service Representatives are available 9:00 am to 4:30 pm Monday through Friday (Eastern Time).
4.
Mail Orders: Send your order to us with Check, Money Order or Credit Card
Number and Expiration date. (Do not send cash) Our Ordering Address is...
Shopsmith
6530 Poe Avenue
Dayton, OH 45414-2591
Attention: Order Department
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Available
Shipping Methods
All shipping
available on-line is ground service.
Ground Services
Offered
Shopsmith
offers 2 choices of Ground Service. Your order should arrive within 7-10
business days from the time of shipment.
- FedEx Ground - We must have a street address for this service. You will receive your items within 5-7 days.
- Priority Mail - This is delivered by the United States Postal Service. If you use a Post Office Box, we can ship your order by this service. It should arrive with in 3-4 days.
Next-Day or 2-Day
Service
If your
in a hurry we offer Next-Day and 2-Day delivery service for an additional
charge. This service is only offered by calling Customer Service at
1-937-890-5197.
It is not currently offered on-line. Note: Flammables and Hazardous
materials cannot be shipped Next-Day, 2-Day or outside the USA. This includes
spray cans, paints and adhesives.
Freight/Truck Shipments
for Oversized and Heavy Orders
Some of
the items we offer have special shipping charges due to their heavy weight
and/or large size. Generally, these orders are delivered by a common carrier
and are not available for Next-Day or 2-Day delivery service. For these
shipments we must have a daytime telephone number for the Freight Company
to contact you for delivery arrangements.
Note: The freight company is only responsible for delivery to the tail
of the truck. We highly recommend that you make arrangements to have at
least 2 people to unload freight delivered by truck.
Special Notes For
Shipments to Alaska, Hawaii and USA Possessions
Generally,
orders to Alaska, Hawaii and other USA possessions must ship US Priority
Mail. We do offer special delivery service to some destinations. Call
Customer Service at 1-937-890-5197 for detailed information and to place
expedited orders.
In Canada our Dealer
is All-In-One Woodtools. (http://www.allinonewood.com)
Our European Distributor is Craft Supplies (http://www.craft-supplies.co.uk)
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Online
Security
The security of your personal information is very important to us. We make
sure your personal information is private and secure. Any time you provide
Shopsmith with personal information, such as your name, address, phone number,
etc., the pages are secure. We use industry standard Secure Socket layer software
(SSL) to encrypt your personal and credit card information during the order
checkout process.
You can
tell that you are in secure mode by the following:
• the “http” in the web address will be replaced by “https”
• depending on the browser, you will see either a padlock (Microsoft
Internet Explorer, AOL, Netscape Communicator) or a solid key (Netscape Navigator)
in the lower section of the browser window. Most browsers also offer additional
security alerts as well.
If you
still don't want to use your credit card on the Internet, no problem. Just
call 1-937-890-5197 and one of our Customer Service representatives will gladly
take your order over the phone.
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Return
& Cancellation Policy
Our Guarantee
Shopping On-line and not being able to touch an item requires a lot of
trust in the merchant you are buying from. We here at Shopsmith, understand
the need to uphold that trust. We'll keep doing our very best every day,
with every order and with every customer to provide you with only highest
quality products backed up with our 100% Satisfaction Guarantee.
Use any product for a full 30 days. Make as many projects as you would like to be completely satisfied that the product gives the performance you expect. If by chance you are not satisfied, you can return the product within 30 days. No questions asked.
Returning Merchandise
Should you have any dissatisfaction with an item you receive, the item
will be willingly replaced or your money refunded. Simply return the item
within 30 days of receiving it, in its original condition and in the original
packing. All sales are final after 30 days from receipt.
In the event your merchandise is damaged during its delivery, complete the following steps.
- Retain all packing material, cartons, and products form the delivery in the condition they were received.
- Contact the delivery carrier and request an inspection within 15 days from receipt.
- Call our Customer Service Department at 1-937-890-5197 for further assistance.
Returns Process
Returns must have your full name, address, and account number as well
as the R.M.A. (Return Merchandise Authorization) Number given to you by
our Customer Service Representative. Please call 1-937-890-5197.
We recommend that you ship using an insured method. (i.e. Fed-X Ground, UPS or Insured Parcel Post) We can not replace or refund items that have been lost by the returning carrier. Refunds will be credited to the original payment method as quickly as possible after receipt of the return. If the item you are returning is too large or heavy to ship by Fed-X Ground, UPS or Insured Parcel Post, please contact us for advice prior to returning that item.
Also, we ask that you include with the item...
- A copy of the original invoice and order number.
- The full name and address of the person who placed the order.
- Your instructions.
We would appreciate knowing why you are returning the item. Listening to our Customers helps use maintain our high quality standards and service.
Cancellations Process
Orders are processed immediately. Once an order has been processed, we
are unable to cancel the order. However, once you receive the merchandise,
you can simply return it by following the instructions above. To find
out if your order has been processed, you can check your order online
or contact customer service.
If you provided an email address at the time of purchase, you would have been sent a confirmation message that contained a link to check the status of your order. To check on-line, click on that link provided. Orders with a status of "Shipped" cannot be cancelled. When the status changes from Processing to Shipped it means that the delivery company has taken possession of the merchandise.
To contact Customer
Service call 1-937-890-5197.
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Sales Tax Charges
Why we charge Sales Tax because of our direct selling activities,
we are required by State laws to collect sales tax according to the applicable
rate in the area where the delivery is made. For example; Ohio residents
have a 6-1/2% sales tax added to their orders. All pricing is US dollars
and taxes are calculated automatically.
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Product
Idea Submission Policy
Shopsmith welcomes your product ideas or suggestions. Because our
internal staff is constantly working on new product development and product
enhancements, only suggestions or product ideas that are submitted on
the official "Product
Idea Submission" form will be considered. Following these procedures
exactly as outlined protects both parties. Shopsmith does not accept any
responsibility for any product ideas pr suggestion that does not comply
with these requirements. All suggestions and product ideas submitted to
Shopsmith become the property of Shopsmith. No compensation is paid for
product ideas or suggestions.
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Use of "Shopsmith" and "MARK V" Trademark Brands
Most companies work hard to create and protect their trademarks, copyrights, service marks, and brands offline and online. Consumers come to know and rely upon trademarks, brands, and service marks as an indication of product quality and reliability, and many companies aggressively defend against counterfeiting, misuse, and misappropriation, so as to maintain consumer confidence in the company's products. Shopsmith is no exception.
Trademarks, copyrights, registered names and other intellectual property (such as advertising copy, photographs, etc), are defined under federal law, and are legally protected by federal law from misappropriation. A good brand has perceived value to the extent that it becomes synonymous with the product it represents. A brand takes marketing strategy, time, and resources to build and a substantial budget to maintain.
When a company achieves branded awareness, consumers and competitors alike will sometimes whether innocently or not, seek to improperly associate themselves, their products, or their services to that brand.
Under the Federal Latham Act [15 U.S.C.A. 1051], the Ohio Deceptive Trade Practices Act, The Federal Trademark Dilution Act of 1995, and other state and federal laws, Shopsmith has legal rights and obligations to limit the use of the "Shopsmith" and "MARK V" trade names, and other service marks, trade names, and copyrights to prevent:
1. Deception as to affiliation, connection or association.
2. Dilution of trademark or product of the senior mark.
3. Threat of "palming off" the senior mark or name.
All three of these limitations and other limitations are applicable to the unauthorized use of Shopsmith's trademarks, service marks, brands, copyrights, and other intellectual property. It is Shopsmith's policy to aggressively defend its intellectual property rights and to prosecute to the maximum extent provided by law any unauthorized use of its intellectual property, including unauthorized use of Shopsmith owned trade names and intellectual property in print, broadcast and on the internet.
Specifically, Shopsmith, is legally justified in prohibiting the unauthorized use of its trade names and intellectual property on online websites including representations that products are "compatible with Shopsmith … MARK V" or similar stand alone phrasing because that phrasing deceptively implies an affiliation between the advertiser and Shopsmith. Shopsmith encourages consumers to report any instances of such unauthorized use, and Shopsmith will take all necessary steps as provided by law to cause the advertiser to cease and desist from such activity.
©Shopsmith All Rights Reserved. "Shopsmith™" and "MARK V™" are Registered Trademarks ® of Shopsmith.
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- The prices listed on the Shopsmith website are subject to change without notice.
- The information presented at the Shopsmith website does not constitute an offer to sell the items described at the listed prices.
- The information is presented without prejudice to the rights of Shopsmith to alter or modify sales terms including specifications and price.
- No information or statements set forth on the Shopsmith website constitute or create a contract of sale or warranty of the goods described.
- No part of this electronic publication may be reproduced or retransmitted without written permission of Shopsmith Any use or sale for profit is strictly prohibited.
- Shopsmith parts & accessories are intended for use only with Shopsmith brand woodworking equipment.
- Personal Injury or property damage my result if used with non-Shopsmith brand machinery. Personal injury or property damage may result if used with non-Shopsmith brand service parts, accessories, or brand products are mounted on or used with Shopsmith brand equipment.
- In the event of either of the above actions, Shopsmith disclaims all liability & excludes all warranties of merchantability & fitness for particular purpose.
- Orders
are reviewed prior to final acceptance and shipment. We reserve the right
to refuse any order. Promotional sales, coupons and other offers may not
be combined, however you will always receive the best discount available
for your order.
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