Terms of Service
between you and Society of Manufacturing Engineers (SME), a Michigan
Corporation (“DBA Tooling U- SME”) (the “Company”). These
products and services provided by the Company, including the Company’s
website (the “Website”), the Company’s app (the “Application”), and other
products, features, services, technologies, and software we offer
(collectively, the “Tooling University Platforms”). By using the Tooling
University Platforms, you acknowledge that you have read and understood
with all laws and regulations applicable to the use of the Tooling
University Platforms, to the use of the Internet, and to the activities
involved in using the Tooling University Platforms.
To know what privacy measures the Company has taken and what information we
retain from your visit to the Company's Tooling University Platforms,
please read our Privacy Statement which is
incorporated here by reference. By using the Website, you consent to all
actions taken by us with respect to your information in compliance with the
to review the Tooling University BookStore merchandise policies.
Change of Terms:
Updates and Availability:
The Company may from time to time in its sole discretion develop and
provide updates to the Tooling University Platforms, which may include
upgrades, bug fixes, patches, other error corrections, and/or new features
(collectively, including related documentation, "Updates
"). Updates may alter the availability of any feature of the Tooling
University Platforms or service related to any feature of the Tooling
University Platforms at any time. The Company is not and will not be liable
if for any reason all or any part of any Product is unavailable at any time
or for any period. If you Use the Tooling University Platforms, you give
the Company permission to download and install Updates where available.
The Company may add, remove or modify any content of any Product, including
that of third parties, at any time, but the Content is not necessarily
complete or up-to-date. Any of the material on the Tooling University
Platforms may be out of date at any given time, and we are under no
obligation to update such material.
Limitation on Usage:
If you are an individual user, you are responsible for maintaining the
confidentiality of your Product account credentials (e.g., username,
password) for the Tooling University Platforms, and for not sharing it with
others. If you are a school or employer, it is your responsibility to
ensure that your students or employees do not share their Product account
credential with others. Any attempt to share Product account credentials or
to allow others to make use of the Tooling University Platforms may be
reported to your school or employer, if applicable, and is grounds for
immediate termination of your account. The Company may limit your access to
any part of any Product without notice to you. Company may terminate your
use of the Tooling University Platforms at any time.
You agree to Use the Tooling University Platforms only for lawful
You agree to Use the Tooling University Platforms only for its intended
You agree not to disrupt the Tooling University Platforms.
You agree not to interfere with or compromise the security of the
Tooling University Platforms, or any computer, server, account,
network, data, software and/or hardware associated with the Tooling
You agree not to disrupt or interfere with any other person’s Use of
the Tooling University Platforms.
You agree not to attempt to obtain access to any portion of the Tooling
University Platforms, any computer, server, account, network, software
and/or hardware associated with the Tooling University Platforms, from
which you are restricted.
You agree that you are solely responsible for any actions you undertake
while Using the Tooling University Platforms and that you will comply
with all applicable local, state, national and international laws and
regulations applicable to the Tooling University Platforms and the
Internet, including United States copyright and export regulations.
You warrant that all information you provide to gain access to the
services provided by the Tooling University Platforms is accurate and
The Company reserves the right to prohibit any conduct involving the
Tooling University Platforms that it deems to be inappropriate.
You warrant that all persons who use the Tooling University Platforms
Links to and From Third-Parties:
You may gain access to other websites via links on the Tooling University
do not apply to other parties' websites or applications. Similarly, you may
have been directed to the Tooling University Platforms via a link from
the Tooling University Platforms. The Company assumes no responsibility for
accessed via any link.
Links to third party websites or information are not intended, and should
not be interpreted by readers, as constituting or implying the Company's
endorsement, sponsorship or recommendation of the third party information,
or products or services found there.
Copyright, Trademark and Intellectual Property:
All information, content and material made available by the Company through
the Tooling University Platforms, including, without limitation, any
computer code, design, text, drawings, photographs, graphics, sound
recordings and video recordings as well as any copyrights, trademarks,
patents or other proprietary rights comprising the Tooling University
Platforms (collectively, the "Content") is owned by or licensed to the
Company. The compilation of the Content on the Tooling University Platforms
is the exclusive property of the Company and is protected by U.S. and
international copyright Law.
The Company and its licensors retain all rights in this Content. The
Content and any and all such copyrighted material may not be reproduced,
modified, copied, distributed, downloaded, displayed, e-mailed, stored,
transmitted or sold in any form or by any means, in whole or in part,
without the prior written consent of the Company, except as follows:
Your computer may temporarily store copies of such materials in RAM
incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for
display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the
Website for your own personal, non-commercial use and not for further
reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you
may download a single copy to your computer or mobile device solely for
your own personal, non-commercial use, provided you agree to be bound by any terms or license agreements for such applications.
If you display, copy, distribute, print and/or download the Content made
available through the Tooling University Platforms, then you may not modify
that Content and you must retain all copyright and other proprietary
notices contained in the Content.
The Content may not be used in connection with any service or information
that is not the Company's or in any manner that is likely to cause
confusion among consumers or that disparages the Company. The permission
granted herein terminates automatically if you breach these terms. Upon
termination of the permission, you must immediately destroy any Content you
displayed, copied, distributed, printed and/or downloaded.
"Tooling University," "ToolingU.com," "Tooling U-SME" and their respective
logos, as well as www.toolingu.com
are either registered trademarks, trademarks, trade names, service marks,
or otherwise protected property of the Company and may not be used, copied
or imitated without the prior written consent of the Company.
Digital Millennium Copyright, Act, Transmission of Third Party Content:
You may not upload, post or otherwise distribute on the Tooling University
Platforms anything protected by copyright or other proprietary rights
unless the owner of the applicable copyright or proprietary right has given
you express authorization for such uploading, posting or distribution.
The unauthorized use, uploading, posting, and/or distribution of Content
protected by copyright or other proprietary rights is illegal and subjects
the malfeasant to civil penalties and criminal prosecution. The Company
shall have full discretion to discontinue your Use of the Tooling
University Platforms and will promptly terminate repeat offenders.
The Company, its affiliates, officers, directors, employees, agents or any
such similarly situated persons or entities are not liable for damages
resulting from any infringement resulting from your actions involving
copyrighted or proprietary right protected material.
The Company, pursuant to the Digital Millennium Copyright Act, designates
Chad Schron to receive complaints and notices of suspected copyright
infringements. If you believe that your work has been copied and is
accessible on the Company's Tooling University Platforms in a way that
constitutes infringement, you may notify the Company by providing Chad
Schron the following information:
An electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been
infringed, including the URL (i.e. web page address) of the location
where the copyrighted work exists or a copy of the copyrighted work;
Identification of the URL or other specific location on the Tooling
University Platforms where the material that you claim is infringing is
Your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
A statement by you made under penalty of perjury, that the above
information in your notice is accurate and that you are the copyright
owner or are authorized to act on the copyright owner's behalf.
Chad Schron can be reached via e-mail at email@example.com and by regular
mail at Tooling University, 3615 Superior Avenue, Building 44, 6th Floor,
Cleveland Ohio, 44114 USA.
You are prohibited from uploading, posting or otherwise distributing on the
Tooling University Platforms any unlawful, threatening, obscene,
pornographic, intimidating, libelous, defamatory or slanderous comments,
jokes, images or content that are intended to or are likely to offend a
reasonable person on the basis of his or her age, physical or mental
disability, gender, race, religion, national origin, physical attributes,
sexual preference, or any other classification that could produce any civil
or criminal liability for either yourself or for the Company, its
affiliates, employees, agents or any such similarly situated persons or
Ownership of Third-Party Content:
The Company may display Content supplied by visitors and other third
parties on the Tooling University Platforms. The Company maintains no
editorial control over this Content. The Content supplied by visitors and
other third parties belongs to the respective owners of that Content.
THE COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS AND ANY SUCH SIMILARLY
SITUATED PERSONS OR ENTITIES ("WE") DO NOT GUARANTEE THE ACCURACY,
COMPLETENESS, USEFULNESS OR EXISTENCE OF ANY CONTENT SUPPLIED BY VISITORS
OR THIRD PARTIES.
WE DO NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE
OF ANY CONTENT SUPPLIED BY VISITORS OR THIRD PARTIES.
We shall not, under any circumstances, be liable for any loss, damage or
harm to property or person caused by your or anyone else's reliance on
Content available on the Tooling University Platforms that is the property
of visitors or third parties. You are solely responsible for evaluating and
acting on any Content available on the Tooling University Platforms.
Reservation of Rights:
This Agreement provides only for the Use of the Tooling University
Platforms. You do not acquire any ownership interest in the Tooling
other than to Use the Tooling University Platforms in accordance with the
licenses granted, and subject to all terms, conditions, and restrictions,
teaming, joint venture, or other such arrangement, unless the parties
expressly and explicitly execute an agreement to that effect.
THE PRODUCTS ARE PROVIDED "AS-IS" AND "AS-AVAILABLE". THE COMPANY MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, CONCERNING
THE OPERATION OF THE PRODUCTS, THE CONTENT, INFORMATION, AND/OR SERVICES
AVAILABLE ON OR THROUGH THE PRODUCTS.
YOU AGREE TO USE THE PRODUCTS SOLELY AT YOUR OWN RISK. YOU AGREE THAT YOUR
USE OF PRODUCTS, AND ANY CONTENT, INFORMATION AND/OR SERVICES AVAILABLE
THROUGH THE PRODUCTS IS SOLELY AT YOUR OWN RISK.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES
AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PRODUCTS WILL BE FREE OF
VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING
SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR
REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND
OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY
RECONSTRUCTION OF ANY LOST DATA.
WE DO NOT WARRANT THAT THE PRODUCTS WILL BE AVAILABLE AT ALL TIMES OR THAT
A VISITOR'S USE WILL BE CONTINUOUS AND/OR ERROR FREE.
WE DO NOT MAKE ANY WARRANTIES THAT THE CONTENT, INFORMATION AND/OR SERVICES
AVAILABLE THROUGH THE PRODUCTS ARE ACCURATE, RELIABLE, OR CURRENT.
THE COMPANY DISCLAIMS, TO THE MAXIMUM EXTENT PERMISSIBLE, ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES OF MERCHANTABILITY.
Limitation of Liability:
NEITHER WE, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, SERVING,
HOSTING, MAINTAINING AND/OR UPDATING THE PRODUCTS SHALL BE LIABLE, UNDER
ANY CIRCUMSTANCES FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE
PRODUCTS OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES ARISING FROM HARM
INCLUDING, BUT NOT LIMITED TO INJURY TO PROPERTY OR PERSON, MISTAKES,
OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR
CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, DEFECTS,
VIRUSES, AND/OR DELAYS, THAT RESULT FROM YOUR USE OF OR INABILITY TO USE
THE PRODUCTS, RESULTING FROM ACTS INCLUDING BUT NOT LIMITED TO ACTS OF GOD,
NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS,
THE COMPANY'S NEGLIGENCE OR YOUR OWN ERRORS AND/OR OMISSIONS AND ANY OTHER
CAUSE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. YOU AGREE THAT THIS SECTION APPLIES TO ALL CONTENT, GOODS AND
SERVICES AVAILABLE THROUGH THE PRODUCTS.
IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR ANY TYPE
OF DAMAGES IS PROHIBITED, THE COMPANY'S LIABILITY IS LIMITED TO THE MAXIMUM
EXTENT ALLOWED BY THAT JURISDICTION.
You agree to indemnify and hold harmless the Company for any damages,
losses, costs, or expenses that the Company may incur as a result of your
use of the Tooling University Platforms or your use of the Content. You
also agree to indemnify the Company from any damages, losses, costs or
expenses that the Company may incur as a result of your providing
inaccurate or untruthful information to gain access to the services
provided through the Tooling University Platforms.
The Tooling University Platforms are controlled by the Company from its
offices within Ohio. The Company complies with all laws of Ohio applicable
to the Tooling University Platforms and to the Internet. Visitors who
choose to Use the Tooling University Platforms from other jurisdictions do
so on their own initiative. Those visitors are solely responsible for
compliance with their local laws.
Venue and Jurisdiction:
Claims relating to the Tooling University Platforms, to the Use of the
Tooling University Platforms, and to the information, content, material,
and services available through the Tooling University Platforms are
governed by the laws of Ohio. You hereby unconditionally, voluntarily, and
irrevocably consent to submit to the exclusive jurisdiction of Ohio for any
litigation concerning the Tooling University Platforms, your use of the
Tooling University Platforms and any information received through the
Tooling University Platforms. You agree not to plead forum non conveniens
in any such action. You consent to service of process.
whole or in part in any jurisdiction, that provision shall be ineffective
in that jurisdiction without affecting the validity of enforceability of
herein, as well as any agreement between you and the Company, represent the
entire understanding between you and the Company concerning your use of the
Tooling University Platforms, and the Content, information and services
available on the Tooling University Platforms.
All representations and warranties made by the Company shall survive
convenience of the readers and shall not constitute part of the Terms of
Use for interpretation purposes.