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Welcome
to the web site operated ITW Red Head. This web site (the “ITW
Red Head Web Site” or the “Web Site”) provides general information
about ITW Red Head and its products free of charge to users in the United
States.
All uses of the ITW Red
Head Web Site are subject to the following terms and conditions of use (these “Terms of Use”).
Please read these Terms
of Use carefully before accessing or using any part of this Web Site. By
accessing or using this Web Site, you agree that you have read, understand
and agree to be bound by these Terms of Use, as amended from time to time,
as well as the ITW Red Head Privacy Policy, which is hereby incorporated
into these Terms of Use. If you do not wish to agree to these
Terms of Use, do not access or use any part of this Web Site.
ITW Red Head
may revise and update these Terms of Use at any time by posting the amended
terms to this Web Site. Your continued use of the ITW Red Head Web Site means
that you accept and agree to the revised Terms of Use. If you disagree with
the Terms of Use (as amended from time to time) or are dissatisfied with this
Web Site, your sole and exclusive remedy is to discontinue using this Web
Site.
USE OF THE ITW
RED HEAD WEB SITE
You agree to use the ITW Red Head Web Site only for lawful purposes:
(a) Specifically you
agree not to do any of the following: (1) upload
to or transmit on the ITW Red Head Web Site any defamatory, indecent, obscene,
harassing, violent or otherwise objectionable material, or any material that
is, or may be, protected by copyright, without permission from the copyright
owner; (2) use the ITW Red Head Web Site to violate the legal rights
(including the rights of publicity and privacy) of others or to violate the
laws of any jurisdiction; (3) intercept or attempt to intercept electronic
mail not intended for you; (4) misrepresent an affiliation with any person
or organization; (5) upload to or transmit on the ITW Red Head Web Site
any advertisements or solicitations of business; (6) restrict or inhibit
use of the ITW Red Head Web Site by others; (7) upload or otherwise transmit
files that contain a virus or corrupted data; (8) collect information
about others (including e-mail addresses) without their consent; (9) download
a file or software or include in a message any software, files or links that
you know, or have reason to believe, cannot be distributed legally over the
ITW Red Head Web Site or that you have a contractual obligation to keep confidential
(notwithstanding its availability on the ITW Red Head Web Site); (10) post “spam,” transmit
chain letters or engage in other similar activities; or (11) engage in
any other conduct that restricts or inhibits anyone’s use or enjoyment
of the ITW Red Head Web Site, or which, as determined by ITW Red Head, may
harm ITW Red Head or users of the ITW Red Head Web Site or expose them to
liability.
(b) Any content and/or
opinions uploaded, expressed or submitted to a message board, chatroom or
any other publicly available section of the ITW Red Head Web Site (including
password-protected areas), and all articles and responses to questions, other
than the content provided by ITW Red Head, are solely the opinions and responsibility
of the person or entity submitting them and do not necessarily reflect the
opinions of ITW Red Head. You understand
and acknowledge that you are responsible for whatever content you submit,
and you, not ITW Red Head, have full responsibility for such content, including
its legality, reliability and appropriateness. By uploading or otherwise
transmitting material to any area of the ITW Red Head Web Site, you warrant
that the material is your own or is in the public domain or otherwise free
of proprietary or other restrictions and that you have the right to post it
to the ITW Red Head Web Site. You grant to ITW Red Head the right to
use all content you upload or otherwise transmit to the ITW Red Head Web Site
in any manner ITW Red Head chooses, including, but not limited, to copying,
displaying, performing or publishing it in any format whatsoever, modifying
it, incorporating it into other material or making a derivative work based
on it.
(c) ITW Red Head reserves the right, but does not assume any responsibility,
to (1) remove any material posted on the ITW Red Head Web Site which
ITW Red Head, in its sole discretion, deems inconsistent with the foregoing
commitments, including any material ITW Red Head has been notified, or has
reason to believe, constitutes a copyright infringement; and (2) terminate
any user’s access to all or part of the ITW Red Head Web Site. However,
ITW Red Head can neither review all material before it is posted on the ITW
Red Head Web Site nor ensure prompt removal of objectionable material after
it has been posted. Accordingly, ITW Red Head assumes no liability for
any action or inaction regarding transmissions, communications or content
provided by third parties. ITW Red Head reserves the right to take any action
it deems necessary to protect the personal safety of users of this Web Site
and the public; however, ITW Red Head has no liability or responsibility to
anyone for performance or nonperformance of the activities described in this
paragraph.
(d) Your failure to comply with the provisions of (a) or (b) above may result
in the termination of your access to the ITW Red Head Web Site and may expose
you to civil and/or criminal liability.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of
this Web Site (including all information, software, text, displays, images
and audio) and the design, selection and arrangement thereof, are proprietary
to ITW Red Head or its licensors and are protected by United States and international
laws regarding copyrights, trademarks, trade secrets and other proprietary
rights. You are authorized only
to use the content on the ITW Red Head Web Site for personal use or legitimate
business purposes related to your role as a current or prospective customer,
supplier or distributor of ITW Red Head. You may not copy, modify, create
derivative works of, publicly display or perform, republish, store, transmit
or distribute any of the material on this site without the prior written consent
of ITW Red Head, except to: (a) store copies of such materials temporarily
in RAM, (b) store files that are automatically cached by your web browser
for display enhancement purposes, and (c) print a reasonable number of
pages of the ITW Red Head Web Site; provided in each case that you do not
alter or remove any copyright or other proprietary notices included in such
materials. Neither the title nor any intellectual property rights to
any information or material in this Web Site are transferred to you, but remain
with ITW Red Head or the applicable owner of such content. Except as
expressly authorized by ITW Red Head in writing, you may not reproduce, sell
or exploit for any commercial purposes (a) any part of this Web Site, (b)
access to this Web Site or (c) use of this Web Site or of any services or
materials available through this Web Site.
TRADEMARKS
The term “ITW Red Head” is a trademark and the ITW Red Head
logo and all related product and service names, designs and slogans are ITW
Red Head trademarks. You may not use such marks without ITW Red Head’s
prior written permission. All other names, brands and marks are used
for identification purposes only and may be trademarks or registered trademarks
of their respective owners.
DEALINGS WITH MERCHANTS
If
you choose to correspond, participate in a promotion or engage in transactions
with any merchant found on or through this Web Site, you acknowledge and
agree that ITW Red Head is not a party to, and will not be responsible for,
your interaction with such merchant, including its treatment of your information
and the terms and conditions applicable to any transaction between you and
the merchant. The terms of your interaction with any
merchant are solely between you and such merchant. You agree that ITW
Red Head will have no responsibility or liability for any loss or damage of
any kind that you may suffer as the result of any such interaction or the
presence of such merchants on this Web Site.
LIABILITY OF ITW Red
Head AND ITS LICENSORS
ITW Red Head
does not assume any liability for the materials, information and opinions
provided on, or available through, the ITW Red Head Web Site (the “Site Content”). Reliance
on the Site Content is solely at your own risk. ITW
Red Head disclaims any liability for injury or damages resulting from the
use of any Site Content.
THE ITW RED HEAD WEB
SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE
THROUGH THIS WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS,
WITH ALL FAULTS. NEITHER ITW RED HEAD NOR ANY PERSON ASSOCIATED WITH
ITW RED HEAD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY,
ACCURACY OR AVAILABILITY OF THE ITW RED HEAD WEB SITE. SPECIFICALLY,
BUT WITHOUT LIMITING THE FOREGOING, NEITHER ITW RED HEAD NOR ANYONE ASSOCIATED
WITH ITW RED HEAD WARRANTS OR REPRESENTS THAT THE ITW RED HEAD WEB SITE, THE
SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEB SITE WILL BE
ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED;
THAT THE ITW RED HEAD WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE ITW RED HEAD WEB SITE
WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ITW RED HEAD DISCLAIMS
ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. IN
NO EVENT WILL ITW RED HEAD OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY
DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION
WITH YOUR USE OF, OR INABILITY TO USE, THE ITW RED HEAD WEB SITE, THE SITE
CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEB SITE OR ANY LINKED SITE,
INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES
RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES
OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN
THE ITW RED HEAD WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE
BY ITW RED HEAD AND WHETHER OR NOT ITW RED HEAD HAS BEEN ADVISED OF THE POSSIBILITY
OF ANY SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify
and hold harmless ITW Red Head and its officers, directors, employees, agents,
affiliates, third-party information providers, licensors and others involved
in the ITW Red Head Web Site or the delivery of products, services or information
over the ITW Red Head Web Site, from and against any and all liabilities,
expenses, damages and costs, including reasonable attorney’s fees,
arising from any violation by you of this Agreement or your use of the ITW
Red Head Web Site or any products, services or information obtained from
this Web Site.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
ITW Red Head’s
use of your personal information and your responsibilities in connection
with protecting your privacy are described in our privacy policy which is
located at [link to Privacy Policy] and is incorporated by reference into
these Terms of Use.
COMMENTS AND SUBMISSIONS
ITW Red Head welcomes
your comments. All comments, suggestions or
other information sent by you to this Web Site for internal use by ITW Red
Head or its advertisers or business partners or in response to solicitations
on this Web Site, will become ITW Red Head’s property, and you agree
that all intellectual property rights therein are transferred to ITW Red Head. You
understand that any postings to publicly available portions of the ITW Red
Head Web Site are non-confidential for all purposes.
LINKS TO OTHER SITES
The ITW Red Head Web
Site may contain links to other web sites on the Internet. ITW
Red Head is not responsible for and does not endorse the content, products
or services of any third-party web sites, including, without limitation, sites
framed within the ITW Red Head Web Site or third-party advertisements, and
does not make any representations regarding their quality, content or accuracy. Your
use of third-party web sites is at your own risk and subject to the terms
and conditions of use for such web sites.
COMPLIANCE
The owner of this Web
Site is based in the State of Illinois, USA. ITW Red Head makes no representation
that materials in this Web Site are appropriate or available for use in other
locations. If you access this Web Site
from other locations, you are responsible for complying with local laws.
CONTACT
Please contact us at ITW Red Head, 800-899-7890 or email postmaster@itw-redhead.com if you become aware of any content that may infringe the copyright of a third
party or that you believe to be in violation of these Terms of Use.
MISCELLANEOUS
These Terms of Use shall
be governed in all respects by and construed in accordance with the laws
of the State of Illinois, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be
amended from time to time, completely and exclusively state the agreement
between you and ITW Red Head with respect to the ITW Red Head Web Site, and
no other terms that may have been communicated to you orally or in any other
manner shall have any force or effect. Any cause of action you may have
with respect to the ITW Red Head Web Site must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause of action
is barred. Exclusive jurisdiction over any cause of action arising out
of these Terms of Use or your use of the ITW Red Head Web Site shall be in
the state or federal courts located in Chicago, Illinois. You agree
to submit to the jurisdiction of such courts.If any part of these Terms of
Use is unenforceable, the unenforceable part shall be construed to reflect,
as nearly as possible, the original intentions of the parties. The other
provisions of these Terms of Use shall remain in full force and effect.ITW
Red Head’s failure to insist upon or enforce strict performance of any
provision of these Terms of Use shall not constitute a waiver of the provision. Neither
a course of dealing or conduct between you and ITW Red Head nor any trade
practices shall be deemed to modify these Terms of Use.
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