TERMS OF USE FOR THIS WEBSITE

Last Updated January 20, 2017

1.    WELCOME

Welcome to 3dprinter.dremel.com the official website for Dremel 3D printers. This Website is operated by Dremel, a division of Robert Bosch Tool Corporation ("Dremel"). This Website allows you to upload, download, create, and customize 3D printable digital files. For this Website, “3D printing” means making a Physical Object from Content using a 3D printer, and “Physical Object” means any physical item or items 3D printed or assembled from elements 3D printed in whole or in part. “Content” is defined in Section 6.A of these Terms of Use (“Terms”).

Please feel free to browse this Website after clicking “I Accept”.

2.    ACTS THAT MAKE THESE TERMS BINDING

    A.    BY CLICKING ON THE "I ACCEPT" BUTTON, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND AGREE TO BE BOUND BY THEM.

OR

    B.    BY USING THIS WEBSITE IN ANY WAY, BY BYPASSING THESE TERMS (FOR EXAMPLE, BY LINKING TO A PAGE WITHIN THIS WEBSITE), OR BY CREATING A LINK TO THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS.

3.    HOW TO AVOID BECOMING BOUND BY THESE TERMS

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, CLICK THE "I DO NOT ACCEPT" BUTTON. HOWEVER, IF YOU DO SO YOU WILL NOT BE ABLE TO UPLOAD ANY CONTENT TO THIS WEBSITE, DOWNLOAD ANY CONTENT FROM THIS WEBSITE, OR CREATE OR MODIFY CONTENT ON THIS WEBSITE

4.    APPLICABLE TERMS

By accepting these Terms, you are entering into an agreement with Robert Bosch Tool Corporation (referred to in these Terms as “Dremel”) to be bound by the then-current version of these Terms. Dremel has the right to revise these Terms at any time, and such revisions shall be effective when Dremel posts them on this Website. Each time you use this Website, you agree to be bound by the version of these Terms posted at that time, and all applicable laws. Dremel highly recommends that you review these Terms from time to time to ensure that you are familiar with the most recent version.

Dremel may offer you the opportunity to interact with this Website, such as communicating and interacting with other users (for example, in chatrooms, forums, and blogs), tutorials, crowdsourcing designs, voting on ideas or designs posted by others, etc. (the “Interactive Features”). By using the Interactive Features, you agree to all special rules related to such features, as well as these Terms.

Your obligations under these Terms shall continue for as long as you access or use this Website or use any Content of this Website. If you want to terminate your obligations under these Terms, see Section 15.

5.    YOUR ACCOUNT

    A.    REGISTRATION AND FORMS TO UPLOAD OR DOWNLOAD CONTENT

To upload or download Content, or to create or modify Content on this Website, you must create an account by registering and providing certain information about yourself, which must be true, accurate, current, and complete. You will also be required to complete forms to upload or download Content, or to create or modify Content on this Website. If you provide any information that is not true, accurate, current, or complete, or if Dremel has any reason to suspect that you have done so, Dremel has the right to suspend or terminate your account, your uploads and downloads, and your use of this Website. You may terminate your account at any time. If you terminate your account, Dremel may delete any Content you uploaded or created or modified on this Website.

Persons under 18 years of age are not permitted to create an account. If you are under 18, you may use this Website only with a parent or guardian, who creates an account.

Dremel has the right to refuse to allow anyone to create an account, for any reason.

   B.   PASSWORD AND SECURITY

You will create a username and password as part of the registration process. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under your account and password. You agree to notify Dremel immediately of any unauthorized use of your password or account or any other breach of security.

   C.    DREMEL PRIVACY POLICY

By using this Website, you agree that Dremel may collect and use personal information about you, in accordance with our Privacy Policy.

6.    UPLOADING AND DOWNLOADING CONTENT ON THIS WEBSITE

   A.    DEFINITION OF “CONTENT”

In these Terms, “Content” means Digital Models, in any format. “Digital Models” means (a) three-dimensional digital representations of Physical Objects, however created, and/or (b) computer files, source code, instructions, and/or data for 3D printing such digital representations, regardless of their format. Content may also include any of the following: communications, data, text, images, photographs, graphics, audio or video, and any other information or materials supported by this Website.

   B.    CONTENT YOU UPLOAD TO THIS WEBSITE

You may upload or post (“upload”) Content to this Website or create or modify Content on this Website as contributions to a collection of designs available for download by anyone from this Website for 3D printing, or participate in the Interactive Features, subject to these Terms. For all Content you upload to this Website, create or modify on this Website, or submit to Dremel in any other way, you grant Dremel and any person who downloads such Content the worldwide, paid-up, royalty free, nonexclusive, fully transferrable, perpetual, irrevocable, and nonterminable rights and license to do the following and to authorize or sublicense any other person to do so, without any obligation to acknowledge the authorship or source of such Content, without limitation:

      1.    3D print Physical Objects from such Content, or incorporate such Content or Physical Objects into other works;

      2.    copy, modify, adapt, reverse engineer, decompile, translate, disclose, transmit, distribute, publish, sell, publicly perform, or publicly display such Content, Physical Objects made from such Content, and images of such Physical Objects;

      3.    create Derivative Works from such Content and Physical Objects made from such Content; and

      4.    use such Content and Physical Objects in any other way;

      in any digital, physical, or other format or medium now known or later developed.

      You waive all moral rights, including all rights of attribution, integrity, or freedom from tarnishment or dilution.

   C.    CONTENT YOU DOWNLOAD FROM THIS WEBSITE

You may download Content from this Website and use it to 3D print Physical Objects, subject to these Terms. If you use a Dremel 3D printer to 3D print such Content, you must also comply with the Enduser License Agreement for the software used with your Dremel 3D printer and the Operating/Safety Instructions for your Dremel 3D printer. For all Content you download from this Website, and for all Physical Objects made from such Content, Dremel grants you a personal, worldwide, paid-up, royalty free, nonexclusive, and nontransferable right and license to do the following for personal, noncommercial purposes, without any obligation to acknowledge the authorship or source of such Content, without limitation:

      1. 3D print Physical Objects from such Content, or incorporate such Content or Physical Objects into other works;

      2.  copy, modify, adapt, reverse engineer, decompile, translate, disclose, transmit, distribute, publish, sell, publicly perform, or publicly display such Content, Physical Objects made from such Content, and images of such Physical Objects;

      3. create Derivative Works from such Content and Physical Objects made from such Content; and

      4. use such Content and Physical Objects in any other way;

in any digital, physical, or other format or medium now known or later developed.

   D.    YOUR RESPONSIBILITY FOR CONTENT

For all Content that you upload to this Website, create or modify on this Website, or download from this Website, you agree to assess and bear all risks related to such Content and Physical Objects made from such Content, including the accuracy, completeness, legality, printability, quality, safety, usefulness, or any other characteristic of such Content and Physical Objects made from such Content, and to be solely responsible for such Content and Physical Objects made from such Content.

   E.   NONCONFIDENTIALITY OF CONTENT

Dremel has the right to treat all Content submitted to this Website as non-confidential. By submitting any Content to this Website or to Dremel in any other way, you acknowledge and agree that such Content (a) is not confidential; (b) may be used by Dremel or any user of this Website for any purpose; and (c) creates no confidential, financial, contractual, or other relationship between you and Dremel.

   F.   USE FOR PROMOTIONAL PURPOSES

You grant to Dremel the right to use the following for promotional purposes: your name and photo (if available), images of any Content that you upload, download, or create or modify on this Website, and Physical Objects made from such Content.

7.    INTELLECTUAL PROPERTY RIGHTS

   A.    DEFINITION OF “INTELLECTUAL PROPERTY RIGHTS”

“Intellectual Property Rights” include the rights granted in Section 6 of these Terms and means U.S. and foreign (meaning anywhere in the world) (1) utility and design patents and patent applications, design applications, utility models and applications, patents, registrations, or other similar rights issuing from such applications, or continuations, continuations-in-part, or divisions thereof, reissues, reexaminations, or extensions of such patents, registrations, or other rights, and any inventions or invention disclosures; (2) copyrights, copyright registrations and applications, copyrightable works of authorship covered by such registrations and applications, and all other works of authorship, whether registered or not, and all renewals, extensions, and Derivative Works thereof; (3) trademarks and service marks, whether registered or unregistered, trademark and service mark applications, registrations, and rights, and associated goodwill; (4) Confidential Information, software, trade secrets, know-how, and other proprietary information, and all tangible and intangible embodiments thereof; (5) data and database rights; (6) design rights; and (7) all other intellectual property rights or equivalent forms of protection of whatever nature arising anywhere in the world.

“Derivative Works” means any original work of authorship based upon one or more preexisting versions of all or any portion of the Content, any enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation, or any other form in which such preexisting work may be recast, transformed, or adapted, in any digital, physical, or other format or medium now known or later developed. Derivative Works shall include Physical Objects made from any Content and all (1) changes made to any Content, Physical Objects made from any Content, or any portion thereof, including without limitation corrections, additions, updates, enhancements, and modifications in any digital, physical, or other format or medium now known or later developed; (2) translations of any Content or any portion thereof in any digital, physical, or other format or medium now known or later developed; and (3) other Content or Physical Objects created from all or any portion of the Content or Physical Objects in any digital, physical, or other format or medium now known or later developed, regardless of the functionality or purpose of such Content or Physical Objects.

   B.    OWNERSHIP OF IP RIGHTS, CONTENT, AND PHYSICAL OBJECTS

      1.    What You Do and Do Not Own

      You own:

      a.    the IP Rights in all Content that you upload to this Website or create or modify on this Website, but you grant Dremel and other users the rights and license in such Content specified in Section 6 of these Terms;

      b.    IP Rights in Derivative Works you create from any Content;

      c   . all property rights, including IP Rights, in Physical Objects created from Content.

         You do not own IP Rights in Content downloaded from this Website. All rights, including IP Rights, in Content you download from this Website are owned by Dremel or by third parties from whom Dremel has obtained the rights for you to download such Content.

      2.    What Dremel Owns

Products, methods, and processes described on this Website, including Dremel 3D printers, may be covered by IP Rights owned by Dremel. This Website and all Dremel 3D printer software are protected by IP Rights owned by Dremel.

Dremel or certain third parties own trademarks appearing on this Website. Such trademarks owned by Dremel include: DREMEL™, IDEA BUILDER™, and BUILD ON™. Such third party trademarks include: Amazon, The Home Depot, Canadian Tire, AutoDesk, Facebook, Twitter, Intragram and Pinterest. You may not use any such trademarks (or similar spellings or misspellings of such marks) in any way, including as links to this Website from other websites, as domain names, or as machine-readable search terms, such as metatags.

   C.    NOTICES OF IP RIGHTS

You may not remove any notices of IP Rights appearing in any Content, including any such notices that 3D print onto Physical Objects made from such Content.

8.   PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT OR VIOLATION OF OTHER IP RIGHTS

   A.    PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is Dremel’s policy to respect the IP Rights of others. In connection with this policy, Dremel will not knowingly post Content that infringes the copyright rights of others. Under the Digital Millennium Copyright Act (17 U.S.C. §512(c)(2)), Dremel has designated an agent to receive notifications of alleged copyright infringement on this Website. If you believe that your work has been used in a way that constitutes copyright infringement, please send us a notice that includes all of the following information (1) a description of the work; (2) a description of the location of the work on this Website, including the URL; (3) your name, address, telephone number, and email address, (4) a signed statement by you that you have a good faith belief that the disputed use is unauthorized under current law (we must have your actual signature); and (5) a signed statement by you that you believe, under penalty of perjury, that your allegations are true and that you are the copyright owner or acting on behalf of the copyright owner (again, we must have your actual signature). Please submit these materials to our designated agent:

Posting Content on the Site
By placing material on the Site or communicating with Dremel, you hereby grant to Dremel the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold Dremel harmless from and against any and all damages, claims or costs, including attorneys' fees, arising from the use, display or distribution of those materials. You further grant to Dremel the right to use your name in connection with the reproduction or distribution of such material.

Dremel does not accept unsolicited materials or ideas for use or publication on the Site or in other digital, electronic or print media except in connection with the designated areas on the Site. Dremel shall not be responsible for the similarity of any of its Content in any media to materials or ideas transmitted to Dremel.

Copyright Claims and Designated Agent
It is the policy of Dremel to respond to claims of intellectual property infringement. Dremel will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent.Notification must be submitted to the following Designated Agent for this site:


John Hauter
Dremel
Robert Bosch Tool Corporation
4915 21St Street
Racine, WI 53406
Email: John Hauter
Contact Us

Upon receipt of such notice, Dremel will (1) remove or disable access to the allegedly infringing Content; (2) forward the notice to the alleged infringer; and (3) take reasonable steps to promptly notify such person that such Content has been removed or disabled.

   B.   PROCEDURE FOR COUNTER-NOTICE

If you have a good faith belief that the Content you uploaded was removed or disabled by mistake, you can submit a counter notice to our designated agent identified in Section 8.A. The counter notice must fully comply with the requirements of 17 U.S.C. 512(g)(3).

   C.   FALSE NOTICES

Under 17 U.S.C. § 512(f), any misrepresentation of material fact (false statements) in such notices subjects the complaining party to liability for all damages, costs, and attorneys’ fees incurred by Dremel in connection with such notice and allegation of copyright infringement.

   D.   PROCEDURE FOR MAKING ANY OTHER CLAIMS OF INFRINGEMENT OF IP RIGHTS

You may notify Dremel of alleged infringement of any other IP Rights by using the same procedure.

   E.   PROCEDURE FOR REPORTING VIOLATIONS OF THESE TERMS

Please report any violations of these Terms to:


John Hauter
Dremel
Robert Bosch Tool Corporation
4915 21St Street
Racine, WI 53406
Email: John Hauter
Contact Us

9.   LINKS TO AND FROM THIS WEBSITE

   A.   LINKS TO THIS WEBSITE

You may create a link to the home page of this Website or to any page displaying any Content that you uploaded to this Website or created or modified on this Website. Dremel asks that you notify us in advance of your intention to do so by contacting:


John Hauter
Dremel
Robert Bosch Tool Corporation
4915 21St Street
Racine, WI 53406
Email: John Hauter
Contact Us

Dremel has the right to revoke your permission to link to this Website, or to block such links, at any time, in its sole discretion.

If you believe that any website that links to this Website contains illegal, offensive, or otherwise objectionable content, please contact:


John Hauter
Dremel
Robert Bosch Tool Corporation
4915 21St Street
Racine, WI 53406
Email: John Hauter
Contact Us

    B.   LINKS FROM THIS WEBSITE

Links to other websites or Internet locations from this Website have been provided for your convenience. Dremel does not endorse, sponsor, or approve any content of such websites or locations. Dremel has no control over any of the websites or Internet locations that you may access through this Website, and is not responsible for the content of any such website or location, or its accuracy. If you access any other website or Internet location through this Website, you do so at your own risk and subject to its terms of use. If you believe that any link on this Website leads to an illegal, offensive, or otherwise objectionable website, please contact:


John Hauter
Dremel
Robert Bosch Tool Corporation
4915 21St Street
Racine, WI 53406
Email: John Hauter
Contact Us

10.   DREMEL IS NOT RESPONSIBLE FOR CONTENT

Dremel does not approve or control the Content available on this Website and therefore does not guarantee the accuracy, completeness, legality, printability, quality, safety, usefulness, or any other characteristic of such Content. Although Dremel may from time to time monitor or review Content on this Website, Dremel is under no obligation to do so and has no responsibility or liability relating in any way to any Content or Physical Objects made from any Content. Dremel is not responsible or liable for any loss or damage arising from your failure to comply with these Terms or Dremel’s exercise of its rights under these Terms.

If you believe that any Content on this Website is illegal, offensive, or otherwise objectionable, please contact:


John Hauter
Dremel
Robert Bosch Tool Corporation
4915 21St Street
Racine, WI 53406
Email: John Hauter
Contact Us

11.   YOUR INDEMNIFICATION OF DREMEL

You agree to indemnify and hold Dremel and its parents, subsidiaries, affiliates, directors, officers, employees, agents, co-branders, or other partners harmless from any claim or demand (including reasonable attorneys’ fees, litigation costs, and amounts paid to settle any such claims or demands) made by any third party relating in any way to Content you uploaded to this Website, downloaded from this Website, or created or modified on this Website, all Physical Objects made from any such Content, your use of or connection to this Website, your violation of these Terms or any applicable laws, or your violation of any rights of any third party. You agree to notify Dremel immediately of all such claims or demands. Dremel has the right to control the defense of all such claims or demands and you agree to cooperate with such defense, at your expense.

If Dremel takes any action to enforce these Terms against you, Dremel has the right to recover from you, and you agree to pay, reasonable attorneys’ fees and any costs of litigation, in addition to any other legal or equitable remedies to which Dremel may be entitled.

12.   DREMEL’S CONTROL OF THIS WEBSITE

Dremel has the right, without notice, at any time, and for any reason, to (1) change or discontinue this Website and any products or services described on this Website; (2) review, edit, or delete any Content from this Website; (3) block or terminate your account, uploads, downloads, links, access to, or use of this Website; (4) log off inactive accounts; (5) fully cooperate with any law enforcement authorities or court orders relating to your violation of these Terms; and (6) enforce these Terms against you to the fullest extent of the law.

Dremel has no obligation to (1) enforce the licenses granted in Sections 6.B of these Terms, or (2) store or backup any Content.

13.   RESTRICTIONS APPLICABLE TO YOU

    A.   RESTRICTIONS ON YOUR USE OF THIS WEBSITE

You must use this Website in a responsible manner and may not use, access, or search this Website in any way that is not expressly authorized by these Terms. In using, accessing, or searching this Website, you may not:

      1.   interfere with or interrupt the proper working of this Website, introduce any harmful component (such as a virus), or circumvent its security measures;

      2.   restrict or inhibit any other user from using and enjoying this Website;

      3.   copy this Website, its Content, or its underlying code for any purpose;

      4.   create a frame around Content of this Website;

      5.   state or imply that Dremel sponsors or endorses you, any Content that you upload, download, create, or modify on this Website, or any Physical Objects made from any such Content;

      6.   libel any person or upload false or misleading information of any kind, including information about Dremel; or

      7.    violate any of the restrictions on Content listed in Section 13.B.

  B.   RESTRICTIONS ON CONTENT

For all Content you upload to this Website, create or modify on this Website, or otherwise submit to Dremel, you represent and warrant that you have the complete and unhindered right to do so and that such Content and Physical Objects made from such Content:

      1.   are not objectionable to Dremel in any way, such as Content or Physical Objects that are illegal or for illegal purposes, misleading, defamatory, or obscene;

      2.   are not confidential;

      3.    do not plagiarize or infringe any IP Rights or other rights of any person;

      4.    do not contain any third party intellectual property unless you have obtained all necessary rights to enable you to grant the rights and license set forth in Section 6 of these Terms;

      5.    do not violate any third party’s right of privacy or publicity;

      6.    are free of any restrictions or right of compensation;

      7.    do not injure any other person;

      8.    do not collect information about others;

      9.    do not harm minors in any way;

      10.   do not manipulate data to disguise Content or Physical Objects;

      11.   are not dangerous, hazardous, or restricted Physical Objects, including the Forbidden Items (defined below);

      12.   are not for use in connection with any High-risk Activities (defined below);

      13.   are not in any way contrary to the U.S. Export Controls Laws and Regulations (see Section 16 of these Terms); and

      14.   do not compete with Dremel’s products or services, except as expressly permitted by applicable law.

   C.   RESTRICTIONS ON USE OF DREMEL 3D PRINTERS

If you use a Dremel 3D printer to make any Physical Objects from any Content, you agree to read and comply with the operating and safety instructions and software Enduser License Agreement (“EULA”) for such 3D printer.

   D.   DEFINITIONS RELATED TO THESE RESTRICTIONS

“Forbidden Items” means (1) dangerous, hazardous, restricted, or illegal items or instrumentalities, such as guns or other firearms, or other weapons of any kind whatsoever; (2) any product intended for human consumption; (3) any product intended for use with candles, liquid fuels, or other heat sources; or (4) any product intended to prepare, store, serve, or cook chemicals, food, or beverages.

“High-risk Activities” means activities where the risk is such that fail-safe performance is required and the failure of equipment could lead directly to death, personal injury, or severe physical or environmental damage, for example, medical equipment, weapons systems, motor vehicle equipment, aircraft equipment, skydiving equipment, equipment to protect the human body (such as bicycle helmets), or fire extinguishers or alarms.

14.   WARRANTIES, LIABILITIES, AND REMEDIES

   A.   DISCLAIMER OF DREMEL WARRANTIES

ALTHOUGH DREMEL WISHES THIS WEBSITE AND THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT AND WISHES CONTENT TO BE CAPABLE OF BEING 3D PRINTED, THIS WEBSITE AND ALL CONTENT AVAILABLE ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DREMEL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED:

      1.   OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION, OR DATA ACCURACY WITH REGARD TO THIS WEBSITE, ALL CONTENT, AND ALL PHYSICAL OBJECTS MADE FROM SUCH CONTENT; AND

      2.   REGARDING THE CONTENT, THE RESULTS OF USE OF ANY CONTENT AND PHYSICAL OBJECTS MADE FROM SUCH CONTENT, THIS WEBSITE OR ITS PERFORMANCE, OR THAT THIS WEBSITE OR ANY CONTENT WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE;

      3.   REGARDING THE ACCURACY, COMPLETENESS, OR CURRENCY OF THIS WEBSITE OR ANY CONTENT, OR THAT ANY CONTENT IS CAPABLE OF BEING 3D PRINTED;

      4.    THAT ANY PHYSICAL OBJECTS MADE FROM ANY CONTENT WILL HAVE ANY PARTICULAR CHARACTERISTICS, OR THAT ANY DEFECTS CAN OR WILL BE CORRECTED.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THESE EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

  B.   DISCLAIMER OF DREMEL WARRANTIES REGARDING USE OUTSIDE UNITED STATES

Dremel controls and operates this Website from the United States of America and expressly disclaims all representations and warranties that any Content or this Website is appropriate, lawful, or available for use in other countries. If you use the Website from other countries, you are responsible for compliance with all applicable local laws.

   C.   DISCLAIMER OF DREMEL LIABILITY FROM YOUR CREATION OF FORBIDDEN ITEMS

Your creation of Forbidden Items in violation of these Terms may cause severe personal injury or death, and/or expose you to serious consequences, including civil or criminal liability. You acknowledge that Dremel does not provide this Website or any Content to enable you to create any Forbidden Items and does not expose itself to the risk of any loss, expense, liability, and/or potentially adverse judgment in relation to your creation of any Forbidden Items. Accordingly, Dremel DISCLAIMS all liability for, or resulting from, the creation of any Forbidden Items, whether arising under contract, warranty (including breach of the warranty of merchantability or fitness for a particular purpose), or tort (including negligence or strict liability), or any other theory of liability.

  D.   LIMITATION OF DREMEL LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DREMEL BE LIABLE FOR ANY CLAIM OR DEMAND OF ANY KIND, OR FOR ANY DAMAGES OR INJURY OF ANY KIND (INCLUDING ANY ACTUAL, DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES, DAMAGES OR INJURY BASED ON ANY THIRD PARTY CLAIMS OF ANY KIND, OR FROM ANY LOSS OF BUSINESS, REVENUE, PROFITS, SAVINGS, BUSINESS INTERRUPTION, PROGRAM ERRORS, UNAVAILABILITY OR INTERRUPTION OF OPERATIONS, LOSS OF ANY DATA OR BUSINESS INFORMATION, LOSS OF PROGRAMS OR EQUIPMENT, FAILED PHYSICAL OBJECTS MADE FROM ANY CONTENT, OR ANY OTHER LOSS) ARISING OUT OF THESE TERMS, THE USE OF OR INABILITY TO USE THIS WEBSITE, ANY CONTENT, ALL PHYSICAL OBJECTS MADE FROM ANY CONTENT, OR ANY OTHER WEBSITE TO WHICH THIS SITE IS LINKED, EVEN IF DREMEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

   E.   LIMITATION ON YOUR REMEDIES

DREMEL’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY AGAINST DREMEL UNDER THESE TERMS OR RELATING TO THE CONTENT SHALL NOT EXCEED THE LESSER OF $500 OR THE PRICE YOU PAID FOR THE DREMEL 3D PRINTER INVOLVED IN ANY CLAIM OR DEMAND YOU MAKE AGAINST DREMEL RELATING TO THESE TERMS, ANY CONTENT, OR ANY PHYSICAL OBJECTS MADE FROM ANY CONTENT.

15.   YOUR TERMINATION OF OBLIGATIONS UNDER THESE TERMS

Your right and license to use this Website and all Content will terminate if you violate these Terms.

You may terminate your obligations under these Terms at any time by discontinuing your use of this Website and by destroying all Content downloaded from this Website, all copies thereof, and all Physical Objects made from such Content. However, your termination of these Terms does not relieve you from the applicability of these Terms or your liability for your failure to comply with these Terms before such termination, and Dremel reserves the right to enforce such pre-termination obligations before or after you terminate these Terms.

16.   EXPORT CONTROL

All Content and/or all Physical Objects made from any Content, or portions thereof, created or printed in the United States are subject to either the U.S. Export Administration Regulations (EAR) or the International Traffic in Arms Regulations (“ITAR”), depending on the nature of the Content or Physical Object. Accordingly, you agree to comply with the EAR or ITAR, as applicable, prior to exporting any Content or Physical Objects from the United States, or reexporting any Content or Physical Objects from one foreign country to another, including obtaining the necessary authorizations to the extent required.

All Content and/or all Physical Objects or portions thereof that are created or printed outside of the United States may be subject to either the EAR or ITAR, depending on the nature of the Content or Physical Object. Accordingly, you agree to comply with either the EAR or ITAR prior to exporting or reexporting such Content or Physical Objects from locations outside the United States, including obtaining the necessary authorizations to the extent required.

YOUR OBLIGATIONS TO COMPLY WITH THE U.S. EXPORT CONTROLS LAWS AND REGULATIONS ARE INDEPENDENT OF AND SURVIVE THE TERMINATION OR EXPIRATION OF THESE TERMS.

17.   DISPUTES BETWEEN YOU AND DREMEL

   A.   ARBITRATION

Except for Dremel’s right to seek an injunction under the circumstances described in Section 17.C, all disputes between you and Dremel relating to these Terms shall be submitted to binding arbitration. Any such arbitration shall be conducted in accordance with the following requirements:

      1.    the arbitration shall be conducted under the rules of the American Arbitration Association in Cook County, Illinois;

      2.    the parties shall select a single arbitrator, or, if the parties cannot agree on an arbitrator, the parties agree to allow the American Arbitration Association to select the arbitrator;

      3.    the parties shall pay equal shares of the cost of the arbitrator within thirty (30) days after the date of the arbitrator's invoices;

      4.    there shall be no discovery in the arbitration;

      5.    as a condition for his or her engagement, the arbitrator shall agree to provide a reasoned written decision; and

      6.    judgment consistent with such decision may be entered by any court with appropriate jurisdiction.

   B.   COST OF ARBITRATION

You agree to pay Dremel’s attorneys’ fees and costs, as well as your own, in any arbitration relating to these Terms.

   C.   DREMEL’S RIGHT TO SEEK AN INJUNCTION

You acknowledge that a violation or attempted violation of any of these Terms will cause irreparable injury to Dremel, that the exact amount of such injury is difficult to determine, and that Dremel has no adequate remedy at law. Accordingly, Dremel has the right to an injunction issued by any court of proper jurisdiction in a venue of Dremel’s choice, restraining your violation or attempted violation of these Terms, and the right to recover from you all costs and expenses incurred by Dremel in obtaining such an injunction, including reasonable attorneys’ fees and the costs of litigation. No bond or other security shall be required in connection with such injunction.

  D.   CHOICE OF LAW

These Terms are governed by the laws of the State of Illinois, without giving effect to conflicts of laws or choice of law principles, and by the applicable federal laws.

You are also bound by all applicable laws.

18.   MISCELLANEOUS

   A.   SEVERABILITY

If any of these Terms is declared void, invalid, or unenforceable by the court of last resort having proper jurisdiction, such provision shall be deemed severed from these Terms, which shall otherwise remain in full force and effect. However, if in Dremel’s opinion the severance of such provision would frustrate the purpose of these Terms, then Dremel may terminate these Terms and your account.

   B.   WAIVER

The waiver of any particular breach or noncompliance with these Terms shall not constitute a waiver of any other breach or noncompliance with any of these Terms.

   C.   NOTICES

Dremel may give notices to users of the Website, at Dremel’s option, by posting a message on the Website, by e-mail, or by regular mail. Except as otherwise specified in these Terms, notices to Dremel or questions about these Terms can be sent to:


John Hauter
Dremel
Robert Bosch Tool Corporation
4915 21St Street
Racine, WI 53406
Email: John Hauter
Contact Us

Dremel has the right to send you email messages and other communications after you create an account.

   D.   ENTIRE AGREEMENT

These Terms contain the entire agreement between you and Dremel relating to this Website and supersede all prior or contemporaneous representations, warranties, communications, proposals, or agreements relating to this Website. These Terms may be changed only by you clicking agreement to a later version of these Terms, by an agreement in writing signed or otherwise legally accepted by both you and Dremel, or as described in Section 4.

Software for Dremel 3D printers is covered by separate EULA(s). These Terms do not change, supersede, or replace such EULA(s).

© 2014 Robert Bosch Tool Corporation, dba Dremel. All rights reserved.