ITW Brands Terms And Conditions of Use
Welcome to the web site operated by ITW Brands (“ITW Brands”). This web site (the “Buildex Tapcon® Web Site” or the “Web Site”) provides general information about Buildex Tapcon® and its products free of charge to users in the United States.
USE OF THE BUILDEX TAPCON ® WEB SITE
You agree to use the Tapcon® Web Site only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Buildex Tapcon® 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 Buildex Tapcon® 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 Buildex Tapcon® Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Buildex Tapcon® 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 Buildex Tapcon® Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Buildex Tapcon® 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 Buildex Tapcon® Web Site, or which, as determined by ITW Brands, may harm Buildex Tapcon® or users of the Buildex Tapcon® 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 Buildex Tapcon® Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by ITW Brands, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of ITW Brands. You understand and acknowledge that you are responsible for whatever content you submit, and you, not ITW Brands, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Buildex Tapcon® 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 Buildex Tapcon® Web Site. You grant to ITW Brands the right to use all content you upload or otherwise transmit to the Buildex Tapcon® Web Site in any manner ITW Brands 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 Brands reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Buildex Tapcon® Web Site which Buildex Tapcon®, in its sole discretion, deems inconsistent with the foregoing commitments, including any material ITW Brands 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 Buildex Tapcon® Web Site. However, ITW Brands can neither review all material before it is posted on the Buildex Tapcon® Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, ITW Brands assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. ITW Brands 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 Brands 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 Buildex Tapcon® 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 Brands 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 Buildex Tapcon® Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Buildex Tapcon®. 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 Buildex Tapcon®, 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 Buildex Tapcon® 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 Brands or the applicable owner of such content. Except as expressly authorized by ITW Brands 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.
The term “Buildex Tapcon®” is a trademark and the Buildex Tapcon® logo and all related product and service names, designs and slogans are ITW Brands trademarks. You may not use such marks without ITW Brands’ 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 Brands 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 Brands 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 TAPCON ® AND ITS LICENSORS
ITW Brands does not assume any liability for the materials, information and opinions provided on, or available through, the Buildex Tapcon® Web Site (the “Site Content”). Reliance on the Site Content is solely at your own risk. ITW Brands disclaims any liability for injury or damages resulting from the use of any Site Content.
THE BUILDEX TAPCON® 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 BRANDS NOR ANY PERSON ASSOCIATED WITH ITW BRANDS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE BUILDEX TAPCON® WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER TAPCON ® NOR ANYONE ASSOCIATED WITH ITW BRANDS WARRANTS OR REPRESENTS THAT THE BUILDEX TAPCON® 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 BUILDEX TAPCON® WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE BUILDEX TAPCON® WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ITW BRANDS 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 BRANDS 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 BUILDEX TAPCON® 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 BUILDEX TAPCON® WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ITW BRANDS AND WHETHER OR NOT ITW BRANDS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree to indemnify and hold harmless ITW Brands and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Buildex Tapcon® Web Site or the delivery of products, services or information over the Buildex Tapcon® 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 Buildex Tapcon® Web Site or any products, services or information obtained from this Web Site.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
COMMENTS AND SUBMISSIONS
ITW Brands welcomes your comments. All comments, suggestions or other information sent by you to this Web Site for internal use by ITW Brands or its advertisers or business partners or in response to solicitations on this Web Site, will become Buildex Tapcon®’ property, and you agree that all intellectual property rights therein are transferred to Buildex Tapcon®. You understand that any postings to publicly available portions of the Buildex Tapcon® Web Site are non-confidential for all purposes.
LINKS TO OTHER SITES
The Buildex Tapcon® Web Site may contain links to other web sites on the Internet. ITW Brands 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 Buildex Tapcon® 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.
The owner of this Web Site is based in the State of Illinois, USA. ITW Brands 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.