Welcome
to the web site operated by ITW Dynatec
(“ITW Dynatec”).
This web site (the “ITW Dynatec Web Site” or
the “Web Site”) provides general information about
ITW Dynatec and its products free of charge to users in
the United States.
All users of the ITW
Dynatec 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 Dynatec 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 Dynatec 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 Dynatec 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.
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 Dynatec 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 Dynatec Web Site for personal use or legitimate
business purposes related to your role as a current or
prospective customer, supplier or distributor of ITW
Dynatec. 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 Dynatec, 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 Dynatec 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 Dynatec or the applicable
owner of such content.
Except as expressly authorized by ITW Dynatec 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 Dynatec”
is a trademark and the ITW Dynatec logo and all related
product and service names, designs and slogans are ITW
Dynatec trademarks.
You may not use such marks without ITW
Dynatec’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 Dynatec 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 Dynatec 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 DYNATEC AND ITS LICENSORS
ITW Dynatec does not
assume any liability for the materials, information and
opinions provided on, or available through, the ITW
Dynatec Web Site (the “Site Content”).
Reliance on the Site Content is solely at your
own risk. ITW
Dynatec disclaims any liability for injury or damages
resulting from the use of any Site Content.
THE ITW DYNATEC 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 DYNATEC NOR ANY PERSON ASSOCIATED WITH ITW
DYNATEC MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE
ITW DYNATEC WEB SITE.
SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING,
NEITHER ITW DYNATEC NOR ANYONE ASSOCIATED WITH ITW
DYNATEC WARRANTS OR REPRESENTS THAT THE ITW DYNATEC 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 DYNATEC WEB SITE OR THE SERVER
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; OR THAT THE ITW DYNATEC WEB SITE
WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ITW DYNATEC 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 DYNATEC 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 DYNATEC 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 DYNATEC WEB SITE OR THE
SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ITW
DYNATEC AND WHETHER OR NOT ITW DYNATEC HAS BEEN ADVISED
OF THE POSSIBILITY OF ANY SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify
and hold harmless ITW Dynatec and its officers,
directors, employees, agents, affiliates, third-party
information providers, licensors and others involved in
the ITW Dynatec Web Site or the delivery of products,
services or information over the ITW Dynatec 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 Dynatec Web Site or any
products, services or information obtained from this Web
Site.
PRIVACY;
PROTECTION OF PERSONAL INFORMATION
ITW Dynatec’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 Privacy
Policy and is incorporated by reference into
these Terms of Use.
COMMENTS
AND SUBMISSIONS
ITW Dynatec welcomes
your comments. All
comments, suggestions or other information sent by you
to this Web Site for internal use by ITW Dynatec or its
advertisers or business partners or in response to
solicitations on this Web Site, will become ITW
Dynatec’s property, and you agree that all
intellectual property rights therein are transferred to
ITW Dynatec. You
understand that any postings to publicly available
portions of the ITW Dynatec Web Site are
non-confidential for all purposes.
LINKS
TO OTHER SITES
The ITW Dynatec Web Site
may contain links to other web sites on the Internet.
ITW Dynatec 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 Dynatec 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 Tennessee, USA. ITW
Dynatec 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 Dan
Beyer, (615) 824-3634 and dbeyer@itwdynatec.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 Tennessee, 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 Dynatec with respect to
the ITW Dynatec 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 Dynatec 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
Dynatec Web Site shall be in the state or federal courts
located in Hendersonville, Tennessee.
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 Dynatec’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 Dynatec nor any trade practices shall be
deemed to modify these Terms of Use.
