Welcome to the website of ITW SHAKEPROOF and its affiliates, subsidiaries and divisions (collectively “ITW SHAKEPROOF”). This website and other ITW SHAKEPROOF websites, including but not limited to the ITW Automotive (collectively, the “ITW SHAKEPROOF website” or the “website”) provide general information about ITW SHAKEPROOF and its products and services free of charge to users in the United States.
LICENSE AND ACCESS AND USE OF THE ITW SHAKEPROOF WEBSITE
You agree to use the ITW SHAKEPROOF website only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) communicate to ITW SHAKEPROOF or upload to or transmit on the ITW SHAKEPROOF website 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 SHAKEPROOF website 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 SHAKEPROOF website any advertisements or solicitations of business; (6) restrict or inhibit use of the ITW SHAKEPROOF website 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 SHAKEPROOF website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the ITW SHAKEPROOF website); (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 SHAKEPROOF website, or which, as determined by ITW SHAKEPROOF, may harm ITW SHAKEPROOF or users of the ITW SHAKEPROOF website or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom, online magazine or any other publicly available section of the ITW SHAKEPROOF website (including password-protected areas), and all articles and responses to questions, other than the content provided by ITW SHAKEPROOF, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of ITW SHAKEPROOF. You understand and acknowledge that you are responsible for whatever content you submit, and you, not ITW SHAKEPROOF, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to ITW SHAKEPROOF or to any area of the ITW SHAKEPROOF website, 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 communicate it to ITW SHAKEPROOF and/or post it to the ITW SHAKEPROOF website. You grant to ITW SHAKEPROOF the right to use all content you upload or otherwise transmit to ITW SHAKEPROOF or the ITW SHAKEPROOF website in any manner ITW SHAKEPROOF 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 SHAKEPROOF reserves the right, but does not assume any responsibility, to (1) remove any material posted on the ITW SHAKEPROOF website which ITW SHAKEPROOF, in its sole discretion, deems inconsistent with the foregoing commitments, including any material ITW SHAKEPROOF 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 SHAKEPROOF website. However, ITW SHAKEPROOF can neither review all material before it is posted on the ITW SHAKEPROOF website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, ITW SHAKEPROOF assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. ITW SHAKEPROOF reserves the right to take any action it deems necessary to protect the personal safety of users of this website and the public; however, ITW SHAKEPROOF has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(d) ITW SHAKEPROOF reserves the right to modify, reject or eliminate any information residing on or transmitted to the ITW SHAKEPROOF website.
Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the ITW SHAKEPROOF website and may expose you to civil and/or criminal liability.
You are responsible for maintaining the confidentiality of your password and Account. You agree to: (a) keep your password confidential and not share it with anyone else, and (b) immediately notify us of any unauthorized use of your password or Account.
You acknowledge and agree that we are authorized to act on instructions received through use of your password and Account, and that we may, but are not obligated to, deny access or block any transaction made through use of your password or Account without prior notice if we believe your password and Account are being used by someone other than you, or for any other reason.
TERMINATION OF ACCESS
COPYRIGHT RESTRICTIONS / USE OF CONTENT
The entire contents of the website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to ITW SHAKEPROOF 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 SHAKEPROOF website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or dealer of ITW SHAKEPROOF. 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 SHAKEPROOF, 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 SHAKEPROOF website; 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 website are transferred to you but remain with ITW SHAKEPROOF or the applicable owner of such content. Except as expressly authorized by ITW SHAKEPROOF in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of the website, (b) access to the website or (c) use of the website or of any services or materials available through the website.
The names, logo, product and service names, design marks and slogans of ITW SHAKEPROOF are the trademarks, service marks or registered trademarks of ITW SHAKEPROOF. All other products or service marks contained herein are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The ITW SHAKEPROOF name and logo may not be used in any commercial manner without the prior written consent of ITW SHAKEPROOF.
DEALINGS WITH DEALERS AND OTHER MERCHANTS
If you choose to correspond, participate in a promotion or engage in transactions with any dealer or other merchant found on or through the website, including, without limitation, any dealer participating in ITW SHAKEPROOF’s Preferred Online Dealer program, you acknowledge and agree that ITW SHAKEPROOF 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 SHAKEPROOF 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 the website.
LIABILITY OF ITW SHAKEPROOF AND ITS LICENSORS
You assume all responsibility and risk for the use of the website. ITW SHAKEPROOF does not assume any liability for the materials, information and opinions provided on, or available through, the ITW SHAKEPROOF website (the “site content”). Any of the site content may include technical, accuracy and typographical errors. ITW SHAKEPROOF has the right to make changes and updates to the site content without prior notice. Neither the site content nor any advice or information given by ITW SHAKEPROOF or its employees shall create any warranty. Reliance on such advice, information or the site content is solely at your own risk. ITW SHAKEPROOF disclaims any liability for injury or damages resulting from the use of thereof.
THE ITW SHAKEPROOF WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER ITW SHAKEPROOF NOR ANY PERSON ASSOCIATED WITH ITW SHAKEPROOF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE ITW SHAKEPROOF WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ITW SHAKEPROOF NOR ANYONE ASSOCIATED WITH ITW SHAKEPROOF WARRANTS OR REPRESENTS THAT THE ITW SHAKEPROOF WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE ITW SHAKEPROOF WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE ITW SHAKEPROOF WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ITW SHAKEPROOF DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
ITW SHAKEPROOF shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on the website. ITW SHAKEPROOF assumes no responsibility and shall not be liable for any damages resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the website or any other linked websites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from the website or any linked website or the Internet generally.
IN NO EVENT WILL ITW SHAKEPROOF 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 SHAKEPROOF WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WEBSITE 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, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE ITW SHAKEPROOF WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ITW SHAKEPROOF AND WHETHER OR NOT ITW SHAKEPROOF HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
ARBITRATION AND DISPUTE RESOLUTION AGREEMENT
PLEASE READ THIS FOLLOWING CLAUSE CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
We are available by email at websupport@ITWShakeproof.com to address any concerns you may have regarding your use of the ITW SHAKEPROOF website. Most concerns may be quickly resolved in this manner. We and you (each a “party” and together, the “parties”) shall use best efforts to settle any dispute, claim, question or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
THE AAA’S RULES GOVERNING THE ARBITRATION MAY BE ACCESSED AT WWW.ADR.ORG OR BY CALLING THE AAA AT 1.800.778.7879. TO THE EXTENT THE FILING FEE FOR THE ARBITRATION EXCEEDS THE COST OF FILING A LAWSUIT, WE WILL PAY THE ADDITIONAL COST. A REQUEST FOR PAYMENT OF FEES SHOULD BE SUBMITTED TO AAA ALONG WITH YOUR FORM FOR INITIATING THE ARBITRATION, AND WE WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IF THE ARBITRATOR FINDS THE ARBITRATION TO BE NON-FRIVOLOUS, WE WILL PAY ALL OF THE ACTUAL FILING AND ARBITRATOR FEES FOR THE ARBITRATION, PROVIDED YOUR CLAIM DOES NOT EXCEED $75,000. THE ARBITRATION RULES ALSO PERMIT YOU TO RECOVER ATTORNEYS’ FEES IN CERTAIN CIRCUMSTANCES.
THE PARTIES UNDERSTAND THAT, ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAT IN COURT.
CLASS ACTION AND CLASS ARBITRATION WAIVER. THE PARTIES FURTHER AGREE THAT ANY ARBITRATION SHALL BE CONDUCTED IN THEIR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. IF ANY COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER SET FORTH IN THIS PARAGRAPH IS VOID OR UNENFORCEABLE FOR ANY REASON OR THAT AN ARBITRATION CAN PROCEED ON A CLASS BASIS, THEN THE ARBITRATION PROVISION SET FORTH IN THIS SECTION SHALL BE DEEMED NULL AND VOID IN ITS ENTIRETY AND THE PARTIES SHALL BE DEEMED TO HAVE NOT AGREED TO ARBITRATE DISPUTES.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
COMMENTS AND SUBMISSIONS
Anything that you submit to ITW SHAKEPROOF or post on publicly available portions of the ITW SHAKEPROOF website is non-confidential for all purposes and will not be held in confidence. ITW SHAKEPROOF does not want to receive confidential or proprietary information from any user through its websites. Should you provide ITW SHAKEPROOF or its advertisers or business partners with information, including but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on the website, such information shall be deemed to be nonproprietary and non-confidential and shall become the property of ITW SHAKEPROOF and you agree that all intellectual property rights therein are transferred to ITW SHAKEPROOF. ITW SHAKEPROOF assumes no obligation to protect such information from disclosure. The submission of such information to ITW SHAKEPROOF shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by ITW SHAKEPROOF for any purpose whatsoever and ITW SHAKEPROOF shall be free to reproduce, use, display, broadcast, disclose, transmit and distribute the information to others without restriction. ITW SHAKEPROOF cannot prevent the “harvesting” of information from the website, and a user may be contacted by ITW SHAKEPROOF or unrelated third parties by e-mail or otherwise, within or outside of this website. In addition, while there is no limitation on how a user’s information may be used, we may use your IP address to help diagnose problems with our server and administer the website, or to help identify you and your shopping cart and to gather broad demographic information.
LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The ITW SHAKEPROOF website contains links to other web sites on the Internet. ITW SHAKEPROOF is not responsible for and does not endorse the content, products, services or privacy practices of any third-party websites, including, without limitation, sites framed within the ITW SHAKEPROOF website or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. Further, a reference on the ITW SHAKEPROOF website to any products, services, processes, hypertext links to third-parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not necessarily constitute or imply ITW SHAKEPROOF’s endorsement, sponsorship or recommendation. Product and service information are solely the responsibility of each individual vendor and ITW SHAKEPROOF does not make any representations regarding the quality, content or accuracy of such information or provide any warranties as to such vendors’ products, trademarks, trade names or trade dress.