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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES IN THIS WEBSITE. THESE TERMS REQUIRE YOU TO ARBITRATE DISPUTES, WAIVE YOUR RIGHT TO A JURY TRIAL AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF.  By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below.  If you do not agree to these terms of use, please do not use this website.  Tuthill can revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms.  Please check these terms of use periodically for changes.

This website is owned and operated by Tuthill Corporation and its affiliates (collectively "Tuthill," "we," or "us"). Questions concerning this website or its operation should be directed to the contact points set forth at the end of these terms of use.

 

USE OF WEBSITE

In connection with viewing and using this website you are permitted to print out or download to a local drive the content posted on this website for your personal, reference and/or informational purposes only. You may provide the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material and retain all copyright and other notices on any copies.  This license does not include any resale or commercial use of this website or its contents; duplication of its look, layout or appearance, any collection and use of website information or storage in an electronic retrieval system; any derivative use of this website or its contents; any downloading or copying of information for the benefit of another organization; or any use of data mining, screen scraping, or similar data gathering and extraction tools.  All rights not expressly granted herein are reserved.  Downloading of any information, content or images from this website does not transfer any right or ownership of such items to you, and such information, content or images may be used solely in accordance with these terms of use.  

CONTENTS AND HYPERLINKS

The information contained in this website is for general information purposes only and may change without notice. This website contains hyperlinks to third party websites which are the sole responsibility of such independent third parties, and use thereof is solely at your own risk.  Tuthill has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website. The inclusion of any link does not necessarily imply a recommendation or endorsement of the views or content expressed on the linked website. Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.  

Tuthill does not allow the unauthorized use of its logos, trademarks, or other graphics to create links. 

USER CONTENT

Tuthill is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing unless we have specifically requested them.  Therefore, please do not send us any original creative materials such as product ideas or suggestions.  Anything you disclose or offer to us via email or by or through this website ("Disclosures"), including postings on interactive portions of this website, is PROVIDED ON A NON-CONFIDENTIAL BASIS with no obligation on our part to keep such information secret.  You hereby RELEASE Tuthill from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Disclosure. By uploading or otherwise providing any Disclosure to this website or Tuthill, you hereby grant Tuthill and its designees the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Disclosure for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded materials have been waived.

INTERACTIVE AREAS AND CODE OF ACCEPTABLE CONDUCT

Tuthill does not ordinarily, but reserves the right to in its sole discretion, filter, censor, edit or regulate information and content provided by third parties on this website, including Disclosures and any other information provided in comment or other interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post and agree to abide by the following code of acceptable conduct:

(1) You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, harassing, threatening, abusive, illegal or otherwise improper content. 

(2) You will not upload viruses or harmful components.

(3) You will not use the website to further any illegal purpose or to violate the rights of any party.

(4) You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

Tuthill will assist law-enforcement officials investigating illegal activity or violations of these terms of use. If you do post content or submit material to this website, such items shall be considered Disclosures and usable in accordance with the terms above. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these terms of use policy and will not cause injury to any person or entity.  You hereby agree to indemnify us for all claims resulting from content you supply.

PURCHASE OF PRODUCTS 

Except as otherwise provide in a written agreement with Tuthill, your purchase of products from us is subject to our Terms and Conditions of Sale (“Terms of Sale”) which set forth terms applicable to the order, delivery and return of Tuthill products.  If you do not agree to the Terms of Sale, please do not order products from us.  Products shall be subject to the Return Policy set forth in the Terms of Sale and shall be warranted, if at all, through the written license or warranty provided in connection with such product. ANY APPLICABLE WRITTEN LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.  ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE LENGTH OF SUCH WRITTEN LIMITED WARRANTY.

NO REPRESENTATIONS OR WARRANTIES

Tuthill makes no representations or warranties that this website is free of defects, viruses or other harmful components.  We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Tuthill's computer systems.  YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND TO THE FULLEST EXTENT PERMITTED BY LAW YOU AGREE TO HOLD COMPANY HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE. THE FOREGOING INDEMNIFICATION PROVISION DOES NOT APPLY TO TUTHILL’S OWN NEGLIGENCE, RECKLESSNESS OR INTENTIONAL CONDUCT.

The pages on this website may contain technical inaccuracies, outdated information and typographical errors.  While we try to keep the information on this website up-to-date and correct, we make no representations regarding completeness, accuracy, reliability, suitability or availability with respect to the website or the information or content contained on the website. Any reliance you place on such information is therefore strictly at your own risk.  EXCEPT AS OTHERWISE SPECIFIED IN WRITING BY US, INCLUDING IN THE TERMS OF SALE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE AND ALL INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED "AS IS."  TUTHILL DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, PRODUCTS OR SERVICES THAT ARE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE.  WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. SOME JURISIDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  WE SHALL NOT BE LIABLE FOR THE UNAVAILABILITY OF THIS WEBSITE FOR ANY REASON.

LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW TUTHILL SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW TUTHILL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE OR, IF APPLICABLE, IN PURCHASING PRODUCTS OR SERVICES THROUGH THIS WEBSITE. SOME JURISIDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

JURISDICTION AND CHOICE OF LAW

Tuthill controls and manages this website from its facilities in the state of Illinois. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region.  We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. 

These terms of use shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. 

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OF USE, THIS WEBSITE, OR ANY PRODUCTS OR SERVICES REFERENCED VIA THIS WEBSITE, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify and you or we may seek injunctive or equitable relief in court to stop infringement or other misuse of intellectual property rights. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the American Arbitration Association. To the fullest extent permitted by law, WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf.  If for any reason a claim proceeds in court (other than small claims court) rather than in arbitration you and Tuthill each waive any right to a jury trial and irrevocably consent to the exclusive jurisdiction of the courts located in the state of Illinois in connection with any such action. You and Tuthill waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.

TRADEMARKS AND COPYRIGHTS

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Tuthill or any third party, whether by estoppel, implication, or otherwise.  All brands and names are the property of their respective owners. All registered trademarks are registered in the United States of America (and other applicable jurisdictions).  

NOTICES

Any notices or acknowledgements that are specified in these terms may be made using any contact information provided by you. You specifically consent to receive communications from us electronically via any e-mail address you provide and agree that such electronic communications satisfy any legal requirement that such communications be in writing.

SEVERABILITY

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY AND COOKIES

Please see our Privacy Policy for information regarding the collection and use of personal information from this website and our Use of Cookies Policy for information on our use of cookie and tracking technologies. Despite any representations concerning privacy, Tuthill reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation.  Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

GENERAL

These terms of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications. 

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited.  Tuthill reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Tuthill may have.

Specific areas or pages of this website may include additional or different terms relating to the use of this website or the rights or obligations of you or Tuthill.  In the event of a conflict between such terms and these terms of use, such specific terms shall control.

Unless otherwise indicated, all material on this site © Copyright 2020 Tuthill Corporation.

All rights reserved.  Terms of use effective as of November 1, 2020.

CONTACT INFORMATION:

You may contact us with questions or issues at the following contact points:

Tuthill Corporation
8500 S. Madison St.
Burr Ridge, IL 60527, USA
(630) 382-4900