TERMS OF USE

Welcome to the BuildClean website operated by Illinois Tool Works Inc. (“ITW”). This website (the “BuildClean Website”) provides information about the BuildClean Dust Control System that was developed by ITW’s Renovation and Remodeling Group .

All uses of the BuildClean 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 the BuildClean Website. By accessing or using the BuildClean 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 BuildClean 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 the BuildClean Website.

ITW may revise and update these Terms of Use at any time by posting the amended terms to the BuildClean Website. Your continued use of the BuildClean 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 the BuildClean Website, your sole and exclusive remedy is to discontinue using the BuildClean Website. The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink.

USE OF THIS WEBSITE

You agree to use the BuildClean Website only for lawful purposes:

    • a. Specifically, you agree not to do any of the following: (1) upload to or transmit on the BuildClean 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 BuildClean 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 BuildClean Website any advertisements or solicitations of business; (6) restrict or inhibit use of the BuildClean 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 BuildClean Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the BuildClean 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 BuildClean Website, or which, as determined by ITW, may harm ITW or users of the BuildClean Website or expose them to liability.
    • b. ITW reserves the right, but does not assume any responsibility, to terminate any user’s access to all or part of the BuildClean Website. ITW assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. ITW reserves the right to take any action it deems necessary to protect the personal safety of users of the BuildClean Website and the public; however, ITW has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
    • c. Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the BuildClean Website and may expose you to civil and/or criminal liability.
    COPYRIGHT RESTRICTIONS/USE OF CONTENT

    The entire contents of the BuildClean Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to ITW 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 BuildClean Website for personal use or legitimate business purposes related to your role as a current or prospective customer of ITW. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the BuildClean Website 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 BuildClean 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 the BuildClean Website are transferred to you, but remain with ITW or the applicable owner of such content. Except as expressly authorized by ITW in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the BuildClean Website, (ii) access to the BuildClean Website, or (iii) use of the BuildClean Website or of any products, services or materials available through the BuildClean Website.

    TRADEMARKS

    The terms “ITW” and “BuildClean” are trademarks and the ITW and BuildClean logo and all related product and service names, designs and slogans are trademarks of ITW. You may not use such marks without ITW’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.

    LIABILITY OF ITW AND ITS LICENSORS

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

    THE BUILDCLEAN WEBSITE AND THE SITE CONTENT PROVIDED ON OR AVAILABLE THROUGH THE BUILDCLEAN WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER ITW NOR ANY PERSON ASSOCIATED WITH ITW MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE BUILDCLEAN WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER ITW NOR ANYONE ASSOCIATED WITH ITW WARRANTS OR REPRESENTS THAT THE BUILDCLEAN WEBSITE OR THE SITE CONTENT PROVIDED ON OR THROUGH THE BUILDCLEAN WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE BUILDCLEAN WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE BUILDCREAN WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. ITW DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT WILL ITW 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 BUILDCLEAN WEBSITE OR THE SITE CONTENT PROVIDED ON OR THROUGH THE BUILDCLEAN 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 BUILDCLEAN WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY ITW AND WHETHER OR NOT ITW HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

    INDEMNIFICATION

    You agree to indemnify and hold harmless ITW and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the BuildClean Website or the delivery of content or information over the BuildClean Website (collectively, the “Indemnified Parties”), from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the BuildClean Website or any content or information obtained from the BuildClean Website. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from the BuildClean Website.

    SUBMISSION OF PERSONALLY IDENTIFIABLE INFORMATION TO ITW; PROTECTION OF PERSONAL INFORMATION

    ITW’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 the BuildClean Website Privacy Policy and is incorporated by reference into these Terms of Use.

    You are prohibited from using any services or facilities provided in connection with the BuildClean Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, ITW reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents. ITW reserves the right to investigate suspected violations of these Terms of Use.

    ITW reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing ITW to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any content or materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ITW AND THE INDEMNIFIED PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ITW DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ITW OR LAW ENFORCEMENT AUTHORITIES.

    LINKS TO OTHER SITES

    The BuildClean Website may contain links to other websites on the Internet. ITW 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 BuildClean Website or third-party advertisements, and ITW 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 the BuildClean Website, ITW, is headquartered in the State of Illinois, USA. ITW makes no representation that the Site Content or information available via the BuildClean Website is appropriate or available for use in jurisdictions outside of the United States. If you access the BuildClean Website from other jurisdictions, you are responsible for complying with the local laws of such jurisdictions.

    CONTACT

    Please contact BuildClean’s Business Development Manager at BUILDCLEAN@ITWBRANDS.COM or (855) 595-2860 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 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 with respect to the BuildClean 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 this 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 BuildClean Website shall be in the state or federal courts located in Chicago, Illinois. 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.

    You agree that no joint venture, partnership or agency relationship exists between you and ITW as a result of these Terms of Use or your use of the BuildClean Website.

    A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

    ITW’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 nor any trade practices shall be deemed to modify these Terms of Use. ITW may revise these Terms of Use at any time by updating this posting.

    These Terms of Use were last updated on August 28, 2014.