Welcome to the web site of Diagraph Marking & Stenciling Products an ITW Company ("Diagraph MSP"). This web site (the "Diagraph MSP Web Site" or the "Web Site") provides general information about Diagraph MSP and its products and services free of charge to users in the United States.
Where appropriate, the term "Diagraph MSP" refers both to Diagraph Marking & Stenciling Products an ITW Company and its affiliates.
All users of the Diagraph MSP 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 Diagraph MSP 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.
Diagraph MSP may revise and update these Terms of Use at any time without notice by posting the amended terms to this Web Site. Your continued use of the Diagraph MSP 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.
USE OF THE DIAGRAPH MSP WEB SITE
You agree to use the Diagraph MSP Web Site only for lawful purposes:
(a) Specifically you agree not to do any of the following:
- upload to or transmit on the Diagraph MSP Web Site 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;
- use the Diagraph Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction;
- intercept or attempt to intercept electronic mail not intended for you;
- misrepresent an affiliation with any person or organization;
- upload to or transmit on the Diagraph MSP Web Site any advertisements or solicitations of business;
- restrict or inhibit use of the Diagraph MSP Web Site by others;
- upload or otherwise transmit files that contain a virus or corrupted data;
- collect information about others (including e-mail addresses) without their consent;
- 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 Diagraph MSP Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Diagraph MSP Web Site);
- post "spam," transmit chain letters or engage in other similar activities; or
- engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Diagraph MSP Web Site, or which, as determined by Diagraph MSP, may harm Diagraph MSP or users of the Diagraph MSP Web Site or expose them to liability.
(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Diagraph MSP Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by Diagraph MSP, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Diagraph MSP. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Diagraph MSP, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Diagraph MSP Web Site, 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 Diagraph MSP Web Site. You grant to Diagraph MSP the right to use all content you upload or otherwise transmit to the Diagraph MSP Web Site in any manner Diagraph MSP 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) Diagraph MSP reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Diagraph MSP Web Site which Diagraph MSP, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Diagraph MSP 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 Diagraph MSP Web Site. However, Diagraph MSP can neither review all material before it is posted on the Diagraph MSP Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Diagraph MSP assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Diagraph MSP reserves the right to take any action it deems necessary to protect the personal safety of users of this Web Site and the public; however, Diagraph MSP has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Diagraph MSP Web Site and may expose you to civil and/or criminal liability.
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 Diagraph MSP 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 Diagraph MSP Web Site for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Diagraph MSP. 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 Diagraph MSP, 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 Diagraph MSP 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 Diagraph MSP or the applicable owner of such content. Except as expressly authorized by Diagraph MSP 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 terms Diagraph Marking & Stenciling Products an ITW Company® and the Diagraph MSP logo and all related names, logos, product and service names, designs and slogans are trademarks of Diagraph MSP and/or its affiliates.
You may not use such marks without the prior written permission of Diagraph MSP as appropriate.
All other names, brands and marks are used for identification purposes only and may be the trademarks or registered
trademarks of their respective owners.
ONLINE PURCHASES
All purchases from the Diagraph MSP Web Site are governed by the Terms and Conditions of Sale, which are hereby incorporated into these Terms of Use.
DEALINGS WITH OTHER 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 Diagraph MSP 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 Diagraph MSP 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 DIAGRAPH MSP AND ITS LICENSORS
Diagraph MSP does not assume any liability for the materials, information and opinions provided on, or available through, the Diagraph MSP Web Site (the "Site Content"). Reliance on the Site Content is solely at your own risk.
Diagraph MSP disclaims any liability for injury or damages resulting from the use of any Site Content.
THE DIAGRAPH MSP 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 DIAGRAPH MSP NOR ANY PERSON ASSOCIATED WITH DIAGRAPH MSP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, OR AVAILABILITY OF THE DIAGRAPH MSP WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER DIAGRAPH MSP NOR ANYONE ASSOCIATED WITH DIAGRAPH MSP WARRANTS OR REPRESENTS THAT THE DIAGRAPH MSP 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 DIAGRAPH MSP WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE DIAGRAPH MSP WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
DIAGRAPH MSP 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 DIAGRAPH MSP 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 DIAGRAPH MSP 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 DIAGRAPH MSP WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY DIAGRAPH MSP AND WHETHER OR NOT DIAGRAPH MSP HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold harmless Diagraph MSP and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Diagraph MSP Web Site or the delivery of products, services or information over the Diagraph MSP 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 Diagraph MSP Web Site or any products, services or information obtained from this Web Site.
PRIVACY; PROTECTION OF PERSONAL INFORMATION
Diagraph MSP's use of your personal information and your responsibilities in connection with protecting your privacy are described in the Diagraph MSP Privacy Policy, which is incorporated by reference into these Terms of Use.
COMMENTS AND SUBMISSIONS
Diagraph MSP welcomes your comments.
All comments, suggestions or other information sent by you to this Web Site for internal use by Diagraph MSP or its advertisers or business partners in response to solicitations on this Web Site will become Diagraph MSP's property and you agree that all intellectual property rights therein are transferred to Diagraph MSP.
You understand that any postings, or content submitted for posting, to publicly available portions of the Diagraph MSP Web Site are non-confidential for all purposes.
LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The Diagraph MSP Web Site contains links to other web sites on the Internet. Diagraph MSP is not responsible for and does not endorse the content, products, services or practices of any third party web sites, including, without limitation, sites framed within the Diagraph MSP 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 Illinois, USA.
Diagraph MSP 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 the Customer Service Department at 800-521-3047 or e-mail sales@diagraphmsp.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 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 Diagraph MSP with respect to the Diagraph MSP 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 Diagraph MSP 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 Diagraph MSP Web Site shall be in the state or federal courts located in or near Marion, 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.
Diagraph MSP'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 Diagraph MSP nor any trade practices shall be deemed to modify these Terms of Use.