Terms of Use
Welcome to the web site operated by ITW Air Management.
This web site (the "ITW Air Management Web
Site" or the "Web Site") provides general
information about ITW Air Management and its products free of
charge to users in the United States.
All users of the ITW Air Management 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
Air Management 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 Air Management 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 Air Management 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 Air Management 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
Air Management Web Site for personal use or legitimate business
purposes related to your role as a current or prospective
Customer, supplier, OEM or distributor of ITW Air Management.
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 Air Management, 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 Air Management
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 Air Management or the applicable owner of such content.
Except as expressly authorized by ITW Air Management 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 Air Management" is a trademark and the
ITW Air Management logo and all related product and service
names, designs and slogans are ITW Air Management trademarks.
You may not use such marks without ITW Air Management’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.
ONLINE PURCHASES
All purchases made through the ITW Air Management Web Site are
governed by the Terms and Conditions
of Sale, which are hereby incorporated into these
Terms of Use.
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 Air Management 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 Air Management 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 Air Management AND ITS LICENSORS
ITW Air Management does not assume any liability for the materials,
information and opinions provided on, or available through,
the ITW Air Management Web Site (the "Site Content").
Reliance on the Site Content is solely at your own risk.
ITW Air Management disclaims any liability for injury or damages
resulting from the use of any Site Content.
THE ITW AIR MANAGEMENT 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
AIR MANAGEMENT NOR ANY PERSON ASSOCIATED WITH ITW AIR MANAGEMENT MAKES
ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY,
ACCURACY OR AVAILABILITY OF THE ITW AIR MANAGEMENTt WEB SITE.
SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER
ITW AIR MANAGEMENT NOR ANYONE ASSOCIATED WITH ITW AIR MANAGEMENT WARRANTS
OR REPRESENTS THAT THE ITW AIR MANAGEMENT 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 AIR MANAGEMENT
WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE
ITW AIR MANAGEMENT WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR
EXPECTATIONS. ITW AIR MANAGEMENT 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 AIR MANAGEMENT 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 AIR MANAGEMENT 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 AIR MANAGEMENT WEB
SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE
BY ITW AIR MANAGEMENT AND WHETHER OR NOT ITW AIR MANAGEMENT HAS BEEN
ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold harmless ITW Air Management
and its officers, directors, employees, agents, affiliates,
third-party information providers, licensors and others
involved in the ITW Air Management Web Site or the delivery
of products, services or information over the ITW Air Management
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 Air Management Web Site or any products,
services or information obtained from this Web Site.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
ITW Air Management’s use of your personal information
and your responsibilities in connection with protecting
your privacy are described in the
ITW Air Management Privacy Policy, which is incorporated
by reference into these Terms of Use.
COMMENTS AND SUBMISSIONS
ITW Air Management welcomes your comments. All comments, suggestions
or other information sent by you to this Web Site for
internal use by ITW Air Management or its advertisers or business
partners or in response to solicitations on this Web
Site, will become ITW Air Management’s property, and you
agree that all intellectual property rights therein
are transferred to ITW Air Management. You understand that any
postings to publicly available portions of the ITW Air Management
Web Site are non-confidential for all purposes.
LINKS TO OTHER SITES
The ITW Air Management Web Site may contain links to other web
sites on the Internet. ITW Air Management 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 Air Management 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
Ohio, USA. ITW Air Management 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 513-891-7474 or at
techsupport@itw-air.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 Ohio, 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 Air Management with
respect to the ITW Air Management 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
Air Management 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 Air Management Web Site shall
be in the state or federal courts located in Cincinnati,
Ohio. 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 Air Management’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 Air Management nor any trade practices shall be deemed to
modify these Terms of Use.
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