Welcome to the web site operated by Permatex®, a division of Illinois Tool Works Inc. This web site (the “Web Site”) provide general information about Permatex and its products free of charge to users.
By your use of the Web Site you agree to these terms and conditions (the “Terms of Use”). Permatex reserves the right to change these Terms of Use at any time and each visit you make to the Web Site shall be subject to the current guidelines.
Please read these Terms of Use carefully before accessing or using any part of the Web Site. By accessing or using the 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 Permatex 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 Web Site. Your continued use of the Web Site means that you accept and agree to the current or revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Web Site, your sole and exclusive remedy is to discontinue using the Web Site.
Overview: The Web Site has been created solely for the purpose of providing information about Permatex and includes information about Permatex products and services, news, press releases, awards, history, and other information.
Copyright Restriction/Use of Content: The entire contents of the Web Site (including all information, software, communications, scripting, photographs, text, displays, videos, graphics, animations and audio) and the design, selection and arrangement thereof, all of which are proprietary to Permatex or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. Permission to use the content on the Web Site is granted for personal, non-commercial, and informational uses only or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Permatex. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Site without the prior written consent of Permatex, 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 Web Site. All copies must retain any trademarks, copyright notices and other marking with respect to the source of the information. Neither the title nor any intellectual property rights to any information or material in the Web Site are transferred to you, but remain with Permatex or the applicable owner of such content. Except as expressly authorized by Permatex in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the Web Site, (ii) access to the Web Site, or (iii) use of the Web Site or of any services or materials available through the Web Site.
Use Of The Permatex Web Site: You agree to use the Web Site only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Web Site any material that is, in Permatex’s sole discretion, defamatory, indecent, obscene, harassing, violent, vulgar, inappropriate, or objectionable, or material that is not related to Permatex products, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Site 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 Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Web Site 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 Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (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 Web Site, or which, as determined by Permatex, may harm Permatex or users of the 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 Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by Permatex, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Permatex. Permatex cannot guarantee the identity of any other users with whom you may interact in the course of using the Web Site or the authenticity of the data provided by other users. Permatex will not be liable for any errors or omissions in such content. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Permatex, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the 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 Web Site. You grant to Permatex the right to use all content you upload or otherwise transmit to the Web Site in any manner Permatex 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) Permatex reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site which Permatex, in its sole discretion, deems inconsistent with its policies and procedures with respect to the relevant online forum, including any material Permatex has been notified, or has reason to believe, constitutes a copyright infringement; and any material that is not related to the relevant discussion or chat forum; (2) terminate any user’s access to all or part of the Web Site; and (3) reformat, excerpt or translate any content submitted by you. However, Permatex can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Permatex assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Permatex reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public; however, Permatex 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 Web Site and may expose you to civil and/or criminal liability.
Trademarks: The terms Permatex, the Right Stuff, Ultra Black, Ultra Blue, Ultra Grey, Ultra Copper, SaferScraper, Form-A-Gasket, Indian Head, Spray-A-Gasket, Tack & Seal, High Tack, Super High Tack, Gel Squeeze, Gel Twist, Surface Prep, Ultra Bond, Dr. Bond, PermaPoxy, Pit Crew’s Choice, Form-A-Seal, Counterman’s Choice, Quick Grid, Bullseye, Body Shop, Quick Solder, 1000 Plus, B Force, Ultra Slick, Fast Break, Eliminator, PermaSorb, Fast Orange, Grez-Off, Spray Nine, Earth Soap, All Wheel Care, NOS, No Touch, Wet’N’Protect, Instant Rainshield, Auto Glass Stripper, Perfect Plastic, Seriously Wet, Turbo Wet, Ultra Cherry, Trounce, Blue Label, Parr, Grease Grabber, 1 Minute Gasket are trademarks and the Permatex logo and all related product and service names, designs and slogans are Permatex trademarks. You may not use such marks without Permatex’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 Distributors and Other Merchants: If you choose to correspond, participate in a promotion or engage in transactions with any distributor or other merchant found on or through the Web Site, you acknowledge and agree that Permatex is not a party to, and will not be responsible for, your interaction with such distributor, including its treatment of your information and the terms and conditions applicable to any transaction between you and the distributor or merchant. The terms of your interaction with any distributor or other merchant are solely between you and such distributor or merchant. You agree that Permatex 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 distributor or merchant on the Web Site.
Disclaimer: You assume all responsibility and risk for the use of the Web Site. Permatex does not assume any liability for the materials, information and opinions provided on, or available through, the Web Site (the “Site Content”). Any of the Site Content may include technical inaccuracies or typographical errors. Permatex 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 Permatex or its employees shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk, including without limitation any safety guidelines, resources or precautions related to the installation, operation, maintenance or repair of Permatex equipment or any other information related to safety that may be available on through the Web Site. Permatex disclaims any liability for injury or damages resulting from the use of thereof.
THE WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. INFORMATION PUBLISHED ON THE WEB SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. CONSULT YOUR LOCAL PERMATEX DISTRIBUTOR FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES THAT MAY BE AVAILABLE TO YOU. PERMATEX DISTRIBUTORS ARE INDEPENDENT BUSINESSES AND SET THEIR OWN PRICING AND TERMS OF SALE. NEITHER PERMATEX NOR ANY PERSON ASSOCIATED WITH PERMATEX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER PERMATEX NOR ANYONE ASSOCIATED WITH PERMATEX WARRANTS OR REPRESENTS THAT THE WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PERMATEX DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some Site Content is intended only to assist you with financial decisions and is broad in scope and does not consider your individual situation. Your individual situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should obtain additional information and advice of your financial advisors and other advisors who are fully aware of your individual circumstances.
Limitation of Liability: Permatex shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on the Web Site. Permatex 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 on the Web Site or any other linked web sites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from the Web Site or any linked web site or the Internet generally.
IN NO EVENT WILL PERMATEX, ITS LICENSORS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED BE LIABLE TO ANY PARTY 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 WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE 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, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY PERMATEX AND WHETHER OR NOT PERMATEX HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
PERMATEX HOLDS THAT THE PROVISIONS OF THE “DISCLAIMER” AND “LIMITATION OF LIABILITY” SECTIONS ARE FOR THE BENEFIT OF THIRD PARTIES IN TRUST FOR EACH OF THOSE PARTIES AS THIRD PARTY BENEFICIARIES UNDER THESE TERMS OF USE.
Indemnification: You agree to indemnify and hold harmless Permatex and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Web Site or the delivery of products, services or information over the Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees or other legal expenses, arising from any violation by you of these Terms of Use or your use of the Web Site or any products, services or information obtained from the Web Site.
Privacy; Protection of Personal Information: Permatex’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Permatex Privacy Policy, which is incorporated by reference into these Terms of Use.
Any passwords used for the Web Site are for individual use only. You will be responsible for the security of your password.
You are prohibited from using any services or facilities provided in connection with the Web Site 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, Permatex reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents.
Permatex reserves the right to cooperate fully with any law enforcement authorities with respect to any investigations involving any attempt to compromise security or tamper with system resources or with court orders requesting or directing Permatex to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS PERMATEX FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PERMATEX DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PERMATEX OR LAW ENFORCEMENT AUTHORITIES.
Customer Assistance Policy: The business of Permatex is manufacturing and selling premium chemical products to the automotive maintenance and repair, home and hardware markets. Permatex’s challenge is to meet the needs of its customers and to exceed their expectations. On occasion, purchasers may ask Permatex for advice or information about their use of Permatex’s products. Permatex responds to its customers based on the best information in its possession at that time. Permatex is not in a position to warrant or guarantee such advice, and assumes no liability, with respect to such information or advice. Permatex expressly disclaims any warranty of any kind, including any warranty of fitness for any customer’s particular purpose, with respect to such information or advice. As a matter of practical consideration, Permatex also cannot assume any responsibility for updating or correcting any such information or advice once it has been given, nor does the provision of information or advice create, expand or alter any warranty with respect to the sale of Permatex’s products. Permatex is a responsive manufacturer, but the selection and use of specific products sold by Permatex is solely within the control of, and remains the sole responsibility of the customer. Many variables beyond the control of Permatex affect the results obtained in applying this type of fabrication methods and service requirements.
User Submissions: Permatex welcomes your comments. All comments, suggestions or other information sent by you to the Web Site or in response to solicitations on the Web Site, will become Permatex’s property, and you agree that all intellectual property rights therein are transferred to Permatex. To the extent any of the foregoing is prevented by applicable law, you hereby grant to Permatex a perpetual, royalty-free, sublicensable license to use or exploit such intellectual property rights in any way. You understand that any posting on a publicly available portion of the Web Site is non-confidential for all purposes.
Links to Third Party Web Sites: The Web Site contains links to third party sites. These are provided for the convenience of Permatex customers and Permatex makes no representations or warranties regarding and does not endorse the content or availability of these services or resources. Any concerns regarding these services or resources, or any link associated thereto, should be directed to the particular outside service or resource. 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. Neither Permatex nor its affiliates shall be liable for any damages of any kind arising out of the access or use of any site linked from the Web Site.
Social Media Sites: The Web Site may contain live feeds and links to third party social media sites, such as Facebook, Twitter, YouTube, etc. (each, a “Social Media Forum”). Permatex makes pages available on the Social Media Forums for informational purposes only, subject to the guidelines and/or disclaimers applicable to such Social Media Forums and as set forth in Permatex’s Social Media Terms of Use.
Linking to the Permatex Web Site: Linking to the Web Site from a third party web site is permitted as a courtesy. This permission to link to the Web Site does not, in any way, imply Permatex’s endorsement of the linked site. Permatex reserves the right to specifically revoke consent to link to the Web Site if Permatex determines in its sole discretion that the web site containing the Permatex link does not meet Permatex’s aesthetic or other standards.
Worldwide Notice: Permatex offers services and products in many parts of the world. The Web Site may refer to certain services or products, which are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that Permatex intends to offer such service or products in all countries. The Web Site is subject only to jurisdiction of the U.S. courts. Permatex makes no representation that materials in the Web Site are appropriate or available for use in other locations. If you access the Web Site from other locations, you are responsible for complying with local laws.
Contact: Please contact us via the contact information below 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.
Permatex
10 Columbus Boulevard
Hartford, Connecticut 06106
Telephone: (860) 543-7500
Fax: (860) 543-6998
Toll Free: 87 PERMATEX (877-376-2839)
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. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Site shall be in the state or federal courts located in or near Chicago, IL. You agree to submit to the jurisdiction of such courts. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Permatex with respect to the 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 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.
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.
Permatex’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 Permatex nor any trade practices shall be deemed to modify these Terms of Use.
The parties have expressly requested that these Terms of Use and all other related documents be drawn up in the English language; Les parties ont convenu expressément que la présente entente et tous les documents s’y rapportant soient rédigés en anglais.
PERMATEX SOCIAL MEDIA TERMS OF USE
These terms of use (the “Social Media Terms of Use”) are applicable to all Internet-based communications and electronic social media, including without limitation, microblogging sites such as Twitter or Tumblr; social networking sites such as Facebook, MySpace, Plaxo, and LinkedIn; interactive video or photograph sharing sites, such as YouTube and Instagram, and any other interactive websites, comment boards, or “chat” forums (collectively, the “Social Media Forums”) operated by or relating to Permatex (“Permatex” or “we”).
We welcome your thoughts and comments on the posts, photos and other items that we place on our Social Media Forums, but we won’t be able to reply to product or service issues through the Social Media Forums. If you would like to discuss customer service or any other issue, please contact us:
Permatex
10 Columbus Boulevard
Hartford, Connecticut 06106
Telephone: (860) 543-7500
Fax: (860) 543-6998
Toll Free: 87 PERMATEX (877-376-2839)
All official Permatex material placed on Social Media Forums will be identified with the Permatex profile photo or other identifying name or logo. Visitors to the Social Media Forums may post views and opinions in reaction to our materials. Any content, views, opinions and/or responses to questions uploaded, expressed or submitted by the creators, sponsors, advertisers or users of the Social Media Forums, including on its “walls,” webpages, message boards and groups or otherwise communicated through it, other than the content provided by Permatex, are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of Permatex. Permatex is not responsible for content that third parties publish, post, upload, distribute, disseminate or otherwise transmit via the Social Media Forums.
Permatex does not warrant the accuracy, completeness or usefulness of the information available on the Social Media Forums. Although we will use our best efforts to post accurate information, including information regarding locations and places where you can meet us, we cannot guarantee all information will be completely accurate or up-to-date.
Nothing contained in or provided through the Social Media Forums is intended to constitute advice or to serve as a substitute for the advice of a professional, including without limitation any safety guidelines, resources or precautions related to the installation, operation, maintenance or repair of Permatex products or any other information related to safety that may be available on or through the Social Media Forums. Any reliance you place on such information is strictly at your own risk. We may include links to other webpages, but these links are not an endorsement of those pages. Permatex is not responsible for the content of any website not operated by Permatex.
All opinions and comments should contribute to the dialog. Permatex does not condone any form of harassment, written attacks, insults, vulgarity or indecency whether perpetrated in writing or the transmission of images. You agree not to do any of the following: (1) upload to or transmit using any Social Media Forum 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 any Social Media Forum to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) misrepresent an affiliation with any person or organization; (4) upload to or transmit on any Social Media Forum any advertisements or solicitations of business; (5) upload or otherwise transmit files that contain a virus or corrupted data; (6) collect information about others (including email addresses) without their consent; (7) upload files or photos or include in a comment links that you know, or have reason to believe, cannot be distributed legally using the Social Media Forums or that you have an obligation to keep confidential; or (8) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Social Media Forums, or which, as determined by Permatex, may harm Permatex or visitors to the Social Media Forums or expose them to liability.
Permatex reserves the right, but does not assume any responsibility, to edit or delete any material it deems inappropriate for the Social Media Forums and its visitors and/or terminate any user’s ability to access the Social Media Forums. However, Permatex can neither review all material that is posted on a web page, wall, or message board nor ensure prompt removal of objectionable material. Accordingly, Permatex assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Permatex has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Your failure to comply with these Social Media Terms of Use may result in the termination of your access to one or more of Permatex’s Social Media Forums.
UNDER NO CIRCUMSTANCES WILL PERMATEX BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE CONTENT OR IMAGES, OR FOR ANY INJURY, DEATH, LOSS OR DAMAGE OF ANY KIND SUSTAINED BY ANY PERSON AS A RESULT OF ANY CONTENT COMMUNICATED ON THE SOCIAL MEDIA FORUMS, WHETHER BY PERMATEX OR A THIRD PARTY. IN NO EVENT SHALL PERMATEX BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE OR PERFORMANCE OF ANY INFORMATION COMMUNICATED ON THE SOCIAL MEDIA FORUMS.
By your use of the Web Site you agree to these terms and conditions (the “Terms of Use”). Permatex reserves the right to change these Terms of Use at any time and each visit you make to the Web Site shall be subject to the current guidelines.
Please read these Terms of Use carefully before accessing or using any part of the Web Site. By accessing or using the 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 Permatex 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 Web Site. Your continued use of the Web Site means that you accept and agree to the current or revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Web Site, your sole and exclusive remedy is to discontinue using the Web Site.
Overview: The Web Site has been created solely for the purpose of providing information about Permatex and includes information about Permatex products and services, news, press releases, awards, history, and other information.
Copyright Restriction/Use of Content: The entire contents of the Web Site (including all information, software, communications, scripting, photographs, text, displays, videos, graphics, animations and audio) and the design, selection and arrangement thereof, all of which are proprietary to Permatex or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. Permission to use the content on the Web Site is granted for personal, non-commercial, and informational uses only or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Permatex. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Site without the prior written consent of Permatex, 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 Web Site. All copies must retain any trademarks, copyright notices and other marking with respect to the source of the information. Neither the title nor any intellectual property rights to any information or material in the Web Site are transferred to you, but remain with Permatex or the applicable owner of such content. Except as expressly authorized by Permatex in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any part of the Web Site, (ii) access to the Web Site, or (iii) use of the Web Site or of any services or materials available through the Web Site.
Use Of The Permatex Web Site: You agree to use the Web Site only for lawful purposes:
(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Web Site any material that is, in Permatex’s sole discretion, defamatory, indecent, obscene, harassing, violent, vulgar, inappropriate, or objectionable, or material that is not related to Permatex products, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Site 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 Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Web Site 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 Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (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 Web Site, or which, as determined by Permatex, may harm Permatex or users of the 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 Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by Permatex, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Permatex. Permatex cannot guarantee the identity of any other users with whom you may interact in the course of using the Web Site or the authenticity of the data provided by other users. Permatex will not be liable for any errors or omissions in such content. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Permatex, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the 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 Web Site. You grant to Permatex the right to use all content you upload or otherwise transmit to the Web Site in any manner Permatex 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) Permatex reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site which Permatex, in its sole discretion, deems inconsistent with its policies and procedures with respect to the relevant online forum, including any material Permatex has been notified, or has reason to believe, constitutes a copyright infringement; and any material that is not related to the relevant discussion or chat forum; (2) terminate any user’s access to all or part of the Web Site; and (3) reformat, excerpt or translate any content submitted by you. However, Permatex can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Permatex assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Permatex reserves the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public; however, Permatex 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 Web Site and may expose you to civil and/or criminal liability.
Trademarks: The terms Permatex, the Right Stuff, Ultra Black, Ultra Blue, Ultra Grey, Ultra Copper, SaferScraper, Form-A-Gasket, Indian Head, Spray-A-Gasket, Tack & Seal, High Tack, Super High Tack, Gel Squeeze, Gel Twist, Surface Prep, Ultra Bond, Dr. Bond, PermaPoxy, Pit Crew’s Choice, Form-A-Seal, Counterman’s Choice, Quick Grid, Bullseye, Body Shop, Quick Solder, 1000 Plus, B Force, Ultra Slick, Fast Break, Eliminator, PermaSorb, Fast Orange, Grez-Off, Spray Nine, Earth Soap, All Wheel Care, NOS, No Touch, Wet’N’Protect, Instant Rainshield, Auto Glass Stripper, Perfect Plastic, Seriously Wet, Turbo Wet, Ultra Cherry, Trounce, Blue Label, Parr, Grease Grabber, 1 Minute Gasket are trademarks and the Permatex logo and all related product and service names, designs and slogans are Permatex trademarks. You may not use such marks without Permatex’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 Distributors and Other Merchants: If you choose to correspond, participate in a promotion or engage in transactions with any distributor or other merchant found on or through the Web Site, you acknowledge and agree that Permatex is not a party to, and will not be responsible for, your interaction with such distributor, including its treatment of your information and the terms and conditions applicable to any transaction between you and the distributor or merchant. The terms of your interaction with any distributor or other merchant are solely between you and such distributor or merchant. You agree that Permatex 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 distributor or merchant on the Web Site.
Disclaimer: You assume all responsibility and risk for the use of the Web Site. Permatex does not assume any liability for the materials, information and opinions provided on, or available through, the Web Site (the “Site Content”). Any of the Site Content may include technical inaccuracies or typographical errors. Permatex 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 Permatex or its employees shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk, including without limitation any safety guidelines, resources or precautions related to the installation, operation, maintenance or repair of Permatex equipment or any other information related to safety that may be available on through the Web Site. Permatex disclaims any liability for injury or damages resulting from the use of thereof.
THE WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEB SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. INFORMATION PUBLISHED ON THE WEB SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. CONSULT YOUR LOCAL PERMATEX DISTRIBUTOR FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES THAT MAY BE AVAILABLE TO YOU. PERMATEX DISTRIBUTORS ARE INDEPENDENT BUSINESSES AND SET THEIR OWN PRICING AND TERMS OF SALE. NEITHER PERMATEX NOR ANY PERSON ASSOCIATED WITH PERMATEX MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER PERMATEX NOR ANYONE ASSOCIATED WITH PERMATEX WARRANTS OR REPRESENTS THAT THE WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. PERMATEX DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Some Site Content is intended only to assist you with financial decisions and is broad in scope and does not consider your individual situation. Your individual situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should obtain additional information and advice of your financial advisors and other advisors who are fully aware of your individual circumstances.
Limitation of Liability: Permatex shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on the Web Site. Permatex 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 on the Web Site or any other linked web sites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from the Web Site or any linked web site or the Internet generally.
IN NO EVENT WILL PERMATEX, ITS LICENSORS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED BE LIABLE TO ANY PARTY 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 WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE 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, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY PERMATEX AND WHETHER OR NOT PERMATEX HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
PERMATEX HOLDS THAT THE PROVISIONS OF THE “DISCLAIMER” AND “LIMITATION OF LIABILITY” SECTIONS ARE FOR THE BENEFIT OF THIRD PARTIES IN TRUST FOR EACH OF THOSE PARTIES AS THIRD PARTY BENEFICIARIES UNDER THESE TERMS OF USE.
Indemnification: You agree to indemnify and hold harmless Permatex and its officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Web Site or the delivery of products, services or information over the Web Site, from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees or other legal expenses, arising from any violation by you of these Terms of Use or your use of the Web Site or any products, services or information obtained from the Web Site.
Privacy; Protection of Personal Information: Permatex’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Permatex Privacy Policy, which is incorporated by reference into these Terms of Use.
Any passwords used for the Web Site are for individual use only. You will be responsible for the security of your password.
You are prohibited from using any services or facilities provided in connection with the Web Site 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, Permatex reserves the right to release your details to system administrators at other web sites in order to assist them in resolving security incidents.
Permatex reserves the right to cooperate fully with any law enforcement authorities with respect to any investigations involving any attempt to compromise security or tamper with system resources or with court orders requesting or directing Permatex to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS PERMATEX FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PERMATEX DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PERMATEX OR LAW ENFORCEMENT AUTHORITIES.
Customer Assistance Policy: The business of Permatex is manufacturing and selling premium chemical products to the automotive maintenance and repair, home and hardware markets. Permatex’s challenge is to meet the needs of its customers and to exceed their expectations. On occasion, purchasers may ask Permatex for advice or information about their use of Permatex’s products. Permatex responds to its customers based on the best information in its possession at that time. Permatex is not in a position to warrant or guarantee such advice, and assumes no liability, with respect to such information or advice. Permatex expressly disclaims any warranty of any kind, including any warranty of fitness for any customer’s particular purpose, with respect to such information or advice. As a matter of practical consideration, Permatex also cannot assume any responsibility for updating or correcting any such information or advice once it has been given, nor does the provision of information or advice create, expand or alter any warranty with respect to the sale of Permatex’s products. Permatex is a responsive manufacturer, but the selection and use of specific products sold by Permatex is solely within the control of, and remains the sole responsibility of the customer. Many variables beyond the control of Permatex affect the results obtained in applying this type of fabrication methods and service requirements.
User Submissions: Permatex welcomes your comments. All comments, suggestions or other information sent by you to the Web Site or in response to solicitations on the Web Site, will become Permatex’s property, and you agree that all intellectual property rights therein are transferred to Permatex. To the extent any of the foregoing is prevented by applicable law, you hereby grant to Permatex a perpetual, royalty-free, sublicensable license to use or exploit such intellectual property rights in any way. You understand that any posting on a publicly available portion of the Web Site is non-confidential for all purposes.
Links to Third Party Web Sites: The Web Site contains links to third party sites. These are provided for the convenience of Permatex customers and Permatex makes no representations or warranties regarding and does not endorse the content or availability of these services or resources. Any concerns regarding these services or resources, or any link associated thereto, should be directed to the particular outside service or resource. 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. Neither Permatex nor its affiliates shall be liable for any damages of any kind arising out of the access or use of any site linked from the Web Site.
Social Media Sites: The Web Site may contain live feeds and links to third party social media sites, such as Facebook, Twitter, YouTube, etc. (each, a “Social Media Forum”). Permatex makes pages available on the Social Media Forums for informational purposes only, subject to the guidelines and/or disclaimers applicable to such Social Media Forums and as set forth in Permatex’s Social Media Terms of Use.
Linking to the Permatex Web Site: Linking to the Web Site from a third party web site is permitted as a courtesy. This permission to link to the Web Site does not, in any way, imply Permatex’s endorsement of the linked site. Permatex reserves the right to specifically revoke consent to link to the Web Site if Permatex determines in its sole discretion that the web site containing the Permatex link does not meet Permatex’s aesthetic or other standards.
Worldwide Notice: Permatex offers services and products in many parts of the world. The Web Site may refer to certain services or products, which are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that Permatex intends to offer such service or products in all countries. The Web Site is subject only to jurisdiction of the U.S. courts. Permatex makes no representation that materials in the Web Site are appropriate or available for use in other locations. If you access the Web Site from other locations, you are responsible for complying with local laws.
Contact: Please contact us via the contact information below 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.
Permatex
10 Columbus Boulevard
Hartford, Connecticut 06106
Telephone: (860) 543-7500
Fax: (860) 543-6998
Toll Free: 87 PERMATEX (877-376-2839)
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. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Site shall be in the state or federal courts located in or near Chicago, IL. You agree to submit to the jurisdiction of such courts. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Permatex with respect to the 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 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.
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.
Permatex’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 Permatex nor any trade practices shall be deemed to modify these Terms of Use.
The parties have expressly requested that these Terms of Use and all other related documents be drawn up in the English language; Les parties ont convenu expressément que la présente entente et tous les documents s’y rapportant soient rédigés en anglais.
PERMATEX SOCIAL MEDIA TERMS OF USE
These terms of use (the “Social Media Terms of Use”) are applicable to all Internet-based communications and electronic social media, including without limitation, microblogging sites such as Twitter or Tumblr; social networking sites such as Facebook, MySpace, Plaxo, and LinkedIn; interactive video or photograph sharing sites, such as YouTube and Instagram, and any other interactive websites, comment boards, or “chat” forums (collectively, the “Social Media Forums”) operated by or relating to Permatex (“Permatex” or “we”).
We welcome your thoughts and comments on the posts, photos and other items that we place on our Social Media Forums, but we won’t be able to reply to product or service issues through the Social Media Forums. If you would like to discuss customer service or any other issue, please contact us:
Permatex
10 Columbus Boulevard
Hartford, Connecticut 06106
Telephone: (860) 543-7500
Fax: (860) 543-6998
Toll Free: 87 PERMATEX (877-376-2839)
All official Permatex material placed on Social Media Forums will be identified with the Permatex profile photo or other identifying name or logo. Visitors to the Social Media Forums may post views and opinions in reaction to our materials. Any content, views, opinions and/or responses to questions uploaded, expressed or submitted by the creators, sponsors, advertisers or users of the Social Media Forums, including on its “walls,” webpages, message boards and groups or otherwise communicated through it, other than the content provided by Permatex, are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of Permatex. Permatex is not responsible for content that third parties publish, post, upload, distribute, disseminate or otherwise transmit via the Social Media Forums.
Permatex does not warrant the accuracy, completeness or usefulness of the information available on the Social Media Forums. Although we will use our best efforts to post accurate information, including information regarding locations and places where you can meet us, we cannot guarantee all information will be completely accurate or up-to-date.
Nothing contained in or provided through the Social Media Forums is intended to constitute advice or to serve as a substitute for the advice of a professional, including without limitation any safety guidelines, resources or precautions related to the installation, operation, maintenance or repair of Permatex products or any other information related to safety that may be available on or through the Social Media Forums. Any reliance you place on such information is strictly at your own risk. We may include links to other webpages, but these links are not an endorsement of those pages. Permatex is not responsible for the content of any website not operated by Permatex.
All opinions and comments should contribute to the dialog. Permatex does not condone any form of harassment, written attacks, insults, vulgarity or indecency whether perpetrated in writing or the transmission of images. You agree not to do any of the following: (1) upload to or transmit using any Social Media Forum 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 any Social Media Forum to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) misrepresent an affiliation with any person or organization; (4) upload to or transmit on any Social Media Forum any advertisements or solicitations of business; (5) upload or otherwise transmit files that contain a virus or corrupted data; (6) collect information about others (including email addresses) without their consent; (7) upload files or photos or include in a comment links that you know, or have reason to believe, cannot be distributed legally using the Social Media Forums or that you have an obligation to keep confidential; or (8) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Social Media Forums, or which, as determined by Permatex, may harm Permatex or visitors to the Social Media Forums or expose them to liability.
Permatex reserves the right, but does not assume any responsibility, to edit or delete any material it deems inappropriate for the Social Media Forums and its visitors and/or terminate any user’s ability to access the Social Media Forums. However, Permatex can neither review all material that is posted on a web page, wall, or message board nor ensure prompt removal of objectionable material. Accordingly, Permatex assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Permatex has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
Your failure to comply with these Social Media Terms of Use may result in the termination of your access to one or more of Permatex’s Social Media Forums.
UNDER NO CIRCUMSTANCES WILL PERMATEX BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE CONTENT OR IMAGES, OR FOR ANY INJURY, DEATH, LOSS OR DAMAGE OF ANY KIND SUSTAINED BY ANY PERSON AS A RESULT OF ANY CONTENT COMMUNICATED ON THE SOCIAL MEDIA FORUMS, WHETHER BY PERMATEX OR A THIRD PARTY. IN NO EVENT SHALL PERMATEX BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE OR PERFORMANCE OF ANY INFORMATION COMMUNICATED ON THE SOCIAL MEDIA FORUMS.
