Terms of Use

Welcome to the website operated by ITW Heartland. This website (the “ITW Heartland website” or the “website”) provides general information about ITW Heartland, and its products, free of charge to users in the United States.

All uses of the ITW Heartland website 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 website. By accessing or using this website, 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 Heartland 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 website.

ITW Heartland may revise and update these Terms of Use at any time by posting the amended terms to this website. Your continued use of the ITW Heartland website 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 website, your sole and exclusive remedy is to discontinue using this website.

USE OF THE ITW HEARTLAND WEBSITE

You agree to use the ITW Heartland website only for lawful purposes:

  1. Specifically you agree not to do any of the following: (1) upload to or transmit on the ITW Heartland 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 Heartland 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 Heartland website any advertisements or solicitations of business; (6) restrict or inhibit use of the ITW Heartland 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 Heartland website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the ITW Heartland 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 Heartland website, or which, as determined by ITW Heartland, may harm ITW Heartland or users of the ITW Heartland website or expose them to liability.
  2. Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the ITW Heartland website (including password-protected areas), and all articles and responses to questions, other than the content provided by ITW Heartland, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of ITW Heartland. You understand and acknowledge that you are responsible for whatever content you submit, and you, not ITW Heartland, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the ITW Heartland 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 post it to the ITW Heartland website. You grant to ITW Heartland the right to use all content you upload or otherwise transmit to the ITW Heartland website in any manner ITW Heartland 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.
  3. ITW Heartland reserves the right, but does not assume any responsibility, to (1) remove any material posted on the ITW Heartland website which ITW Heartland, in its sole discretion, deems inconsistent with the foregoing commitments, including any material ITW Heartland 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 Heartland website. However, ITW Heartland can neither review all material before it is posted on the ITW Heartland website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, ITW Heartland assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. ITW Heartland 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 Heartland has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
  4. Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the ITW Heartland website and may expose you to civil and/or criminal liability.

COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of this website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to ITW Heartland 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 Heartland website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of ITW Heartland. 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, 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 Heartland 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 Heartland or the applicable owner of such content. Except as expressly authorized by ITW Heartland in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this website, (b) access to this website or (c) use of this website or of any services or materials available through this website.

TRADEMARKS

The term ” ITW Heartland ” is a trademark and the ITW Heartland logo and all related product and service names, designs and slogans are ITW Heartland trademarks. You may not use such marks without ITW Heartland’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 website, you acknowledge and agree that ITW Heartland 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 Heartland 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 website.

LIABILITY OF ITW HEARTLAND AND ITS LICENSORS

ITW Heartland does not assume any liability for the materials, information and opinions provided on, or available through, the ITW Heartland website (the “Site Content”). Reliance on the Site Content is solely at your own risk. ITW Heartland disclaims any liability for injury or damages resulting from the use of any Site Content.

THE ITW HEARTLAND 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 HEARTLAND NOR ANY PERSON ASSOCIATED WITH ITW MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE ITW HEARTLAND WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ITW HEARTLAND NOR ANYONE ASSOCIATED WITH ITW HEARTLAND WARRANTS OR REPRESENTS THAT THE ITW HEARTLAND 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 HEARTLAND WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE ITW HEARTLAND WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ITW HEARTLAND 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 HEARTLAND 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 HEARTLAND WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS 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, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE ITW HEARTLAND WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ITW HEARTLAND AND WHETHER OR NOT ITW HEARTLAND HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify and hold harmless ITW Heartland and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the ITW Heartland website or the delivery of products, services or information over the ITW Heartland website, 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 Heartland website or any products, services or information obtained from this website.

SUBMISSION OF INFORMATION TO ITW HEARTLAND

ITW Heartland’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 ITW Heartland’s Privacy Policy Web Page and is incorporated by reference into these Terms of Use. ITW Heartland does not want to receive confidential or proprietary information from you through this website unless you have another written agreement with ITW Heartland related to the sharing of such information. Any information that ITW Heartland receives through its website, other than your personally identifiable information covered by ITW Heartland’s Privacy Policy, will be deemed to be NON-CONFIDENTIAL. BY TRANSMITTING TO ITW HEARTLAND INFORMATION VIA THIS WEBSITE OR OTHERWISE THROUGH ELECTRONIC MEANS WITHOUT A WRITTEN AGREEMENT WITH ITW RELATED TO YOUR SUBMISSION, YOU UNDERSTAND AND AGREE THAT ITW MAY USE THAT INFORMATION FOR ANY PURPOSE WHATSOEVER WITHOUT OBLIGATION TO YOU.

COMMENTS AND SUBMISSIONS

ITW Heartland welcomes your comments. All comments, suggestions or other information sent by you to this website for internal use by ITW Heartland or its advertisers or business partners or in response to solicitations on this website, will become ITW Heartland’s property, and you agree that all intellectual property rights therein are transferred to ITW Heartland. You understand that any postings to publicly available portions of the ITW Heartland website are non-confidential for all purposes.

LINKS TO OTHER SITES

The ITW Heartland website may contain links to other websites on the Internet. ITW Heartland is not responsible for and does not endorse the content, products or services of any third-party websites, including, without limitation, sites framed within the ITW Heartland 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.

US GOVERNMENT USERS

Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19 and any other successor regulations that may be applicable.

COMPLIANCE

The owner of this website is based in the State of Illinois, USA. ITW Heartland makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from other locations, you are responsible for complying with local laws.

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 Heartland with respect to the ITW Heartland website, 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 Heartland website 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 Heartland website shall be in the state or federal 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 Heartland’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 Heartland nor any trade practices shall be deemed to modify these Terms of Use.