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Social Media Sweepstakes

(The “Sweepstakes”)

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. ODDS OF WINNING DEPEND ON TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW.

SPONSOR: These Official Rules cover Sweepstakes by Bernard (a division of Miller Electric Mfg. LLC) and Tregaskiss (a division of ITW Canada, Inc.). The Sponsor of the Sweepstakes is Illinois Tool Works Inc., which is the parent company of Miller Electric Mfg. LLC and ITW Canada, Inc. Illinois Tool Works Inc. has offices at 155 Harlem Avenue, Glenview IL 60025, USA (the “Sponsor”). This promotion is in no way sponsored, endorsed, administered by, or associated with Facebook or LinkedIn.

ELIGIBILITY: The Sweepstakes is open only to legal residents of the United States or Canada (excluding Quebec) who are at least 18 years of age or the age of majority in their state of residence, whichever is greater. Persons residing in other jurisdictions are not eligible to enter the Sweepstakes. Officers, directors, and employees of Sponsor, and members of their immediate families (biological, step, or in-law) including parent, grandparent, child, sibling, or spouse of any of the foregoing (regardless of where they live) or households of any of the above, whether related or not, IRS dependents, and household members of Sponsor and its respective parents, affiliates, subsidiaries, advertising, promotion, and web design agencies, and all other entities involved in the creation, administration, or fulfillment of the Sweepstakes, are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.

SWEEPSTAKES PERIOD: The sweepstakes will begin on April 14, 2021 at 10:00 AM Central Time (“CT”) and end on April 22, 2021 at 11:59 PM CT (the “Closing Date”).

HOW TO ENTER: To be considered an “Entrant” in the Sweepstakes, an individual must visit Sponsor’s Facebook or LinkedIn social media pages and comment on the Sweepstakes post pursuant to the instructions provided on the post. Entries that meet the requirements included in these Official Rules are referred to herein as “Eligible Entries.” The awarding of the Prizes, as defined below, is subject to the eligibility and forfeiture provisions set forth herein.

SWEEPSTAKES ENTRY: Participation constitutes Entrant’s unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Only eligible entries actually received by Sponsor before the Closing Date will be included in the Sweepstakes drawing. Any information collected from Entrants is subject to the Privacy Policy located at https://www.tregaskiss.com/tregaskiss-privacy-policy/ (the “Website”). As a condition of entering the Sweepstakes, each Prize Winner gives consent for Sponsor to obtain and deliver his or her name, image, and other information to third parties for the purpose of administering this Sweepstakes, market research, and complying with applicable laws, regulations, and rules.

SELECTION OF WINNER: On or around April 23, 2021, representatives of the Sponsor will randomly select from all Eligible Entries received during the Sweepstakes Period 10 “Prize Winners” to win the following Prize, as defined below. There will be 10 winners from Facebook or LinkedIn equaling a total of 10 “Prize Winners.” The selection will be conducted by Sponsor, and Sponsor’s decisions will be final in all matters pertaining to the selection. Any potential Prize Winners may be subject to verification by Sponsor of eligibility and compliance with these Official Rules. An Entrant is not a winner of the prize until Entrant’s eligibility as a Prize Winner has been verified, Entrant has been notified that verification is complete, and Entrant has complied with the terms and conditions of these Official Rules.

AWARDING OF PRIZES: A representative of Sponsor will notify all potential Prize Winners by message through the same social media website through which the entry was received. Three (3) message attempts will be made within a one 48-hour period to contact each potential Prize Winner. If any potential Prize Winner does not respond to Sponsor within the 48-hour allotted time period, Sponsor will select an alternate potential Prize Winner, and the same process will be repeated until all the Prize Winners are contacted and all of the Prizes are awarded. Sponsor is not responsible for contacting an Entrant if that Entrant has changed contact information and failed to provide Sponsor with the proper contact information when such information is required. At the sole discretion of the Sponsor, forfeiture of the Prize and the selection of an alternate Prize Winner may result from any of the following: (a) a potential Prize Winner’s failure to respond to notification within the specified response period; (b) a potential Prize Winner’s failure to provide Sponsor with satisfactory proof of age, identity, and residence; or (c) any non-compliance with these Official Rules.

CANADIAN PROVISIONAL WINNERS: In addition to anything else in these Official Rules, in order for a selected Entrant who is a Canadian resident to become the Sweepstakes Winner, he or she must first correctly answer, unaided and without mechanical or electronic assistance, a time-limited mathematical skill testing question administered via the Affidavit. Canadian residents must also execute and return the Affidavit confirming compliance with these rules and releasing the Sponsor and its affiliated companies from any liability in connection with this Sweepstakes, all within the time specified on the Affidavit. Failure of a Canadian-selected Entrant to correctly answer the skill-testing question in the time allotted or failure to execute and return the Affidavit will result in disqualification, the forfeiture of his or her interest in the Prize, and the selection of a substitute Entrant from among all remaining Eligible Entries.

ODDS: The odds of winning a Prize depends on the total number of Eligible Entries received.

PRIZES/APPROXIMATE RETAIL VALUE(“ARV”): Limit one per person. Travel Mug (“Prize”), ARV: $8.95.

PRIZE RESTRICTIONS: All Prize Winners will be solely responsible for all federal, state, and/or local taxes, and for any other fees or costs associated with the Prize they receive, regardless of whether it, in whole or in part, is used. Any portion of any Prize not accepted by any Prize Winner will be forfeited. Allow 4-6 weeks for the mailing of your prize.

If any Prize is lost, destroyed, or stolen it will not be replaced.

THE PRIZES ARE AWARDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE).

RELEASE: By entering, Entrants agree to release, discharge, indemnify, defend, and hold harmless Sponsor, Facebook, and LinkedIn, and their respective parents, subsidiaries, affiliates, and each of their respective officers, directors, members, employees, agents, and agencies, (“Released Parties”) from and against any demands, claims, liability, costs, losses, damages, or cause of action, including, without limitation, personal injury, death, or damage to or loss of property, arising out of, in whole or part, directly or indirectly, from participating or attempting to participate in the Sweepstakes or from acceptance, possession, misuse, use, or award of the Prizes. All Prize Winners shall bear all risk of loss or damage to their Prizes after they have been delivered.

PUBLICITY: Except where prohibited by applicable law, acceptance of a Prize constitutes each Prize Winner’s (or his or her parents’ or legal guardian’s) consent to: (a) Sponsor’s use of that Prize Winner’s name, likeness, photograph, voice, biographical information, statements, and/or home state; or (b) Sponsor’s referencing or tagging, the Prize Winner’s social media page on Facebook or LinkedIn, for advertising and promotional purposes in connection with the promotion and reporting of the Sweepstakes in any media, worldwide, without remuneration for said use.

GENERAL CONDITIONS: The Sponsor’s administration and operation of the Sweepstakes and the selection of the potential Prize Winners are final and binding in all matters related to the Sweepstakes. Sponsor reserves the right to cancel, suspend, and/or modify the Sweepstakes, or any part of it, if any actual or suspected fraud, technical failures, or any other factor beyond Sponsor’s reasonable control impairs, or is believed to impair, the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. In the event any Prize Winner engages in behavior that (as determined by Sponsor or any prize provider in its sole and absolute discretion) is obnoxious, inappropriate, threatening, illegal, or that is intended to annoy, abuse, threaten, or harass any person, Sponsor reserves the right to terminate the Sweepstakes or withdraw the Prizes. Sponsor reserves the right to ask any Entrant to remove any reference to the Sweepstakes posted on social media in connection with the Sweepstakes, or to remove a comment or photograph from Sponsor’s or Bernard’s or Tregaskiss’ social media page if the Sponsor believes, in its sole discretion, that: the comment or photograph is obnoxious, inappropriate, threatening, illegal; is intended to annoy, abuse, threaten, or harass any person; is in violation of a third-party’s copyright, trademark, right of publicity, or other intellectual property rights; defames, libels, or commits any other tort against a third-party; or makes any statements concerning any third-party products, made as comparisons to Sponsor’s or Bernard’s or Tregaskiss’ products or otherwise.

LIMITATIONS OF LIABILITY: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by website or mobile device users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized access to the Website, Sponsor’s social media page, Bernard’s social media page, Tregaskiss’ social media page or any Entrant’s personal social media website. The Sponsor is not responsible for injury or damage to Entrant’s or to any other person’s mobile device, computer, or other electronic device related to or resulting from participating in this Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which Sponsor, in the sole opinion of Sponsor, deems could corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend this Sweepstakes and select Prize Winners from entries received prior to the action taken or in such other manner as Sponsor may deem fair and appropriate.

Sponsor does not authorize, condone, sponsor, encourage, or take responsibility for Entrants’: (1) unauthorized use of any third party’s intellectual property, including copyrights and trademarks; (2) commission of any torts, including libel, defamation, and violations of rights of privacy and publicity; and (3) statements concerning any third-party products, made as comparisons to Sponsor’s or Bernard’s or Tregaskiss’ products or otherwise, in connection with this Sweepstakes.

IN NO EVENT WILL SPONSOR, FACEBOOK, OR LINKEDIN, ANY PARTICIPATING PROMOTIONAL COMPANIES, RELEASED PARTIES, OR PRIZE PROVIDERS, OR THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, OR RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, LOST PROFITS, CONSEQUENTIAL, OR PUNITIVE, MULTIPLE, OR ADDITIONAL DAMAGES.

DISPUTES: Except where prohibited by applicable law, Entrants agree that any and all disputes that cannot be resolved between the parties, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before the appropriate Illinois federal or state courts located in Cook County, Illinois. Further, in any such dispute, under no circumstances will Entrants be permitted to obtain awards for, and hereby waive all rights to claim, punitive, incidental, indirect, lost profits, or consequential damages, or any other damages, including attorneys’ fees, and Entrants further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Illinois. By entering, Entrants consent to the exclusive jurisdiction and venue of the federal and state courts located in Cook County, Illinois.

WINNER LIST: The names of the Winners (“Winners List”) may be requested only after the Closing Date and no later than three months after the Closing Date. To receive the Winners List, send request through the social media web page through which an Entry was submitted.

MISCELLANEOUS: The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion. Headings are solely for convenience and will not be deemed to affect the meaning or intent of the Official Rules or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern, and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

Warranty

Limited Warranty

Tregaskiss’ Products shall, from the date of original purchase (or, solely with respect to Low Stress Robotic Unicables packaged with any Tregaskiss® Robotic MIG Gun, from the date the Product goes into production for its intended use) and for the period set forth below (the “Warranty Period”), be free from defects in material and workmanship. In the event of a breach of the warranty set forth above (the “Warranty”), Tregaskiss will, at Tregaskiss’ option and as Tregaskiss’ sole liability and Purchaser’s sole remedy, repair, replace or credit Purchaser’s account for any Product that fails to conform to the Warranty, provided that (i) during the Warranty Period Tregaskiss is promptly notified in writing upon discovery of such failure with a detailed explanation of any alleged deficiencies; (ii) Tregaskiss is given a reasonable opportunity to investigate all claims; and (iii) Tregaskiss’ examination of such Product confirms the alleged deficiencies and that the deficiencies are covered by the Warranty. To obtain repair or replacement of any Product, the covered Product must be delivered, transportation pre-paid by Purchaser, to the address specified by Tregaskiss on its Returned Materials Authorization, with: (i) written proof of warranty coverage (e.g., Purchaser dated purchase order); (ii) serial number on Product (if any); (iii) the Product’s installed location within Purchaser’s facility and usage of the Product; and (iv) written specification of any alleged defect(s). In the event the foregoing materials are not timely provided to Tregaskiss by claimant, warranty coverage will be determined by Tregaskiss, in its sole discretion. For the avoidance of doubt, the Warranty Period for any Product or part/component of any Product that is replaced or repaired by Tregaskiss under the foregoing Warranty is not extended or renewed at the time of such replacement or repair. The Warranty against defects does not apply to: (1) consumable components or ordinary wear items; (2) Products which are improperly altered, modified stored, installed, operated, handled, used or neglected or use of the Products with equipment, components or parts not specified or supplied by Tregaskiss or contemplated under the Product documentation; or (3) Products which have not been operated, maintained, and repaired pursuant to Product documentation provided by Tregaskiss. Purchaser shall pay Tregaskiss for all warranty claim costs incurred by Tregaskiss (including inspection, labor, parts, testing, scrap and freight) due to warranty claims submitted by Purchaser which are not covered by Tregaskiss’ Warranty.

PRODUCTWARRANTY PERIOD
Bernard® BTB Semi-Automatic Air-Cooled MIG Guns1 year
Lifetime warranty on straight handles, straight handle switches, and rear straight strain relief
Bernard® W-Gun™ or T-Gun™ Semi-Automatic Water-Cooled MIG Guns180 days
Bernard® TGX® Chassis and Bernard TGX® Ready To Weld MIG Guns90 days
Tregaskiss® Robotic MIG Guns and Components1 year
(6-month warranty on Low Stress Robotic Unicables)
Tregaskiss® Automatic MIG Guns1 year
Tregaskiss® TOUGH GUN® TT4 Reamer
(i) When factory-equipped with Lubricator
(ii) When used only with Tregaskiss® TOUGH GARD® Anti-Spatter Liquid.
2 years when (i)
3 years when both (i) and (ii)
Tregaskiss® Robotic Peripherals (Clutch, Sprayer, Wire Cutter, Arms)1 year
Tregaskiss® Low-Stress Robotic Unicables (LSR Unicables)6 months

Service Warranty

Tregaskiss warrants the Services shall conform to any mutually agreed upon specifications or statements of work. Purchaser’s sole remedy, and Tregaskiss’ sole liability, for a breach of the foregoing warranty is for Tregaskiss, at its option, to re-perform the Services or credit Purchaser’s account for such Services.

Limitation of Liability and Remedies

TREGASKISS WILL NOT BE LIABLE, AND PURCHASER WAIVES ALL CLAIMS AGAINST TREGASKISS, FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, DOWN TIME, LOST PROFITS OR COMMERCIAL LOSSES, WHETHER OR NOT BASED UPON TREGASKISS’ NEGLIGENCE OR BREACH OF WARRANTY OR STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL TREGASKISS’ LIABILITY IN CONNECTION WITH THE AGREEMENT OR SALE OF TREGASKISS’ PRODUCTS OR SERVICES EXCEED THE ORIGINAL PURCHASE PRICE OF THE SPECIFIC PRODUCTS OR SERVICES AS TO WHICH THE CLAIM IS MADE. EXCEPT AS SET FORTH HEREIN, TREGASKISS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE).


Revised March 7, 2022

Terms and Conditions Of Sale

Effective March 7, 2022

1. Acceptance. Bernard and Tregaskiss (together “Tregaskiss”) are selling products (“Products”) and/or services (“Services”) and the customer purchasing from Tregaskiss is referred to as “Purchaser”. These terms and conditions of sale (“Terms”), any Tregaskiss quotation, acknowledgment or invoice and all documents incorporated by specific reference herein or therein (“Tregaskiss Documents” and together with these Terms, the “Agreement”), constitute the complete terms governing the sale of Products and Services. TREGASKISS HEREBY REJECTS ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS PROPOSED BY PURCHASER, WHETHER OR NOT CONTAINED IN ANY OF PURCHASER’S BUSINESS FORMS OR IN PURCHASER’S WEBSITE, AND SUCH ADDITIONAL OR DIFFERENT TERMS WILL BE OF NO EFFECT. No site usage agreement or any other click through agreement on a website will have any binding effect whether or not Tregaskiss clicks on an “ok,” “I accept,” or similar acknowledgment. Commencement of any work by Tregaskiss or Purchaser’s acceptance of delivery of the Products and/or Services will manifest Purchaser’s assent to the Agreement. Additional or different terms applicable to a particular sale may be specified in the body of a Tregaskiss Document or agreed to in writing by the parties. In the event of a conflict, the following order of precedence will apply: (a) terms agreed to in writing and executed by an authorized officer of Tregaskiss; (b) Tregaskiss Document terms; (c) these Terms.

2. Quotations. Quotations are only valid in writing and for 30 days from the date of the quotation. All quotations are subject to change or withdrawal without prior notice to Purchaser. Quotations are made subject to approval of Purchaser’s credit. Tregaskiss may refuse orders and has no obligation to supply Products or Services unless Tregaskiss issues an order acknowledgement or upon the shipment of Products or commencement of Services. 

3. Prices and Payment Terms. List and net pricing are available to Purchaser upon request. Prices are in U.S. Dollars and are subject to change without notice. All accepted purchase orders are subject to Tregaskiss’ price in effect at time of order. Prices do not include any sales, use, value-added or other taxes, import duties, license fees or like charges (“Fees”) related to the sale, importation or use of Products or Services, and Purchaser is responsible for those Fees. If Tregaskiss is subsequently required to pay any Fees, Purchaser shall fully defend and indemnify Tregaskiss therefor. Terms of payment are 30 days net from the date of Tregaskiss’ invoice. Overdue invoices will incur interest at the rate of 1.5% per month, or at the maximum rate allowable by governing law. Purchaser’s inspection rights herein will not affect the payment terms. Under no circumstances will Purchaser have a right of set-off. If Purchaser fails to make any payment as required, Purchaser agrees to indemnify Tregaskiss for all associated costs incurred by Tregaskiss, including reasonable attorney fees and court costs.  Minimum billing is $50 per order (net price). A minimum billing fee for the difference will be added to the order if the minimum is not met. The minimum billing will only be waived if and when Purchaser is invoiced for Next Day Air charges. Non-standard or custom Products or Products which cannot be configured online will be subject to minimum order quantities and lead times as specified by Tregaskiss.  Please contact Tregaskiss’ Customer Service Department for details on our Educational Discount Program, including Program details and requirements.

4. Credit Approval. All shipments are subject to credit approval by Tregaskiss. Tregaskiss may invoice Purchaser and recover for each shipment as a separate transaction. If, in Tregaskiss’ sole judgment, Purchaser’s financial condition is or becomes unsatisfactory, then Tregaskiss may, without prejudice to any of its other remedies: (a) defer or decline to make any shipments except upon receipt of satisfactory security or cash payments in advance; and/or (b) terminate any or all of Purchaser’s purchase orders. 

5. Cancellation or Modification. Once Tregaskiss has accepted a purchase order or begun taking actions with respect to a purchase order, Purchaser cannot cancel or modify that purchase order except with Tregaskiss’ consent. In such event, Purchaser will be liable for cancellation or modification charges and all costs incurred for the order or in connection with the cancellation or modification. No cancellations will be permitted for any non-standard or custom Products, or Products which cannot be configured online.

6. Inspection / Non-Conforming Shipments. Purchaser may inspect Products for a period of 5 business days after delivery (“Inspection Period”). Purchaser must notify Tregaskiss in writing of any nonconforming Products within the Inspection Period and afford Tregaskiss a reasonable opportunity to inspect such Products and cure any nonconformity. If Purchaser fails to provide Tregaskiss such written notice within the Inspection Period, Purchaser will be deemed to have accepted the Products. Purchaser may not return any Product without Tregaskiss’ prior written authorization and, in any event, returns may not include non-standard or custom Products or Products which cannot be configured online. Any return authorized by Tregaskiss must be made in accordance with Tregaskiss’ return policies. Purchaser will be responsible for all costs associated with returns of Products and will bear the risk of loss, unless Tregaskiss agrees otherwise in writing or determines that the Products do not conform to the applicable terms of sale. Any variation in quantities shipped over or under those ordered (not to exceed 10%) will constitute compliance with Purchaser’s order, and the stated price per item will continue to apply. 

7. Delivery. Tregaskiss anticipates use of common carriers for shipment of Products. Unless otherwise agreed upon by the parties in writing, all Products will be shipped FCA Tregaskiss’ facilities (Incoterms 2020). Shipping dates are approximate and are based upon prompt receipt of all necessary information from Purchaser. Tregaskiss may ship items in a single or multiple shipments. Title to the Products and risk of loss shall pass to Purchaser upon shipment in accordance with the applicable shipping term. Purchaser assumes all risk and liability for loss and use or misuse by third parties who acquire or use the Products illicitly after delivery. Purchaser must notify Tregaskiss and the delivering carrier within 5 business days from date of receipt of Products, of any damage or shortage, and afford Tregaskiss a reasonable opportunity to inspect the Products. Any loss occasioned by damage or shrinkage in transit will be for Purchaser’s account and claims for such loss must be made solely against the carrier.

8. Limited Warranty. Tregaskiss’ Products shall, from the date of original purchase (or, solely with respect to Low Stress Robotic Unicables packaged with any Tregaskiss® Robotic MIG Gun, from the date the Product goes into production for its intended use) and for the period set forth below (the “Warranty Period”), be free from defects in material and workmanship. In the event of a breach of the warranty set forth above (the “Warranty”), Tregaskiss will, at Tregaskiss’ option and as Tregaskiss’ sole liability and Purchaser’s sole remedy, repair, replace or credit Purchaser’s account for any Product that fails to conform to the Warranty, provided that (i) during the Warranty Period Tregaskiss is promptly notified in writing upon discovery of such failure with a detailed explanation of any alleged deficiencies; (ii) Tregaskiss is given a reasonable opportunity to investigate all claims; and (iii) Tregaskiss’ examination of such Product confirms the alleged deficiencies and that the deficiencies are covered by the Warranty. To obtain repair or replacement of any Product, the covered Product must be delivered, transportation pre-paid by Purchaser, to the address specified by Tregaskiss on its Returned Materials Authorization, with: (i) written proof of warranty coverage (e.g., Purchaser dated purchase order); (ii) serial number on Product (if any); (iii) the Product’s installed location within Purchaser’s facility and usage of the Product; and (iv) written specification of any alleged defect(s). In the event the foregoing materials are not timely provided to Tregaskiss by claimant, warranty coverage will be determined by Tregaskiss, in its sole discretion. For the avoidance of doubt, the Warranty Period for any Product or part/component of any Product that is replaced or repaired by Tregaskiss under the foregoing Warranty is not extended or renewed at the time of such replacement or repair. The Warranty against defects does not apply to: (1) consumable components or ordinary wear items; (2) Products which are improperly altered, modified stored, installed, operated, handled, used or neglected or use of the Products with equipment, components or parts not specified or supplied by Tregaskiss or contemplated under the Product documentation; or (3) Products which have not been operated, maintained, and repaired pursuant to Product documentation provided by Tregaskiss. Purchaser shall pay Tregaskiss for all warranty claim costs incurred by Tregaskiss (including inspection, labor, parts, testing, scrap and freight) due to warranty claims submitted by Purchaser which are not covered by Tregaskiss’ Warranty.

PRODUCTWARRANTY PERIOD

Bernard® BTB Semi-Automatic Air-Cooled MIG Guns

1 year
Lifetime warranty on straight handles, straight handle switches, and rear straight strain relief

Bernard® W-Gun™ or T-Gun™ Semi-Automatic Water-Cooled MIG Guns

180 days

Bernard® TGX® Chassis and Bernard TGX® Ready To Weld MIG Guns

90 days

Tregaskiss® Robotic MIG Guns and Components

1 year
(6-month warranty on Low Stress Robotic Unicables)

Tregaskiss® Automatic MIG Guns

1 year

Tregaskiss® TOUGH GUN® TT4 Reamer

  • (i) When factory-equipped with Lubricator
  • (ii) When used only with Tregaskiss® TOUGH GARD® Anti-Spatter Liquid
2 years when (i)

3 years when both (i) and (ii)

    Tregaskiss® Robotic Peripherals (Clutch, Sprayer, Wire Cutter, Arms)

    1 year

    Tregaskiss® Low-Stress Robotic Unicables (LSR Unicables)

    6 months

    9. Service Warranty. Tregaskiss warrants the Services shall conform to any mutually agreed upon specifications or statements of work. Purchaser’s sole remedy, and Tregaskiss’ sole liability, for a breach of the foregoing warranty is for Tregaskiss, at its option, to re-perform the Services or credit Purchaser’s account for such Services.

    10. Limitation of Liability and Remedies. TREGASKISS WILL NOT BE LIABLE, AND PURCHASER WAIVES ALL CLAIMS AGAINST TREGASKISS, FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, DOWN TIME, LOST PROFITS OR COMMERCIAL LOSSES, WHETHER OR NOT BASED UPON TREGASKISS’ NEGLIGENCE OR BREACH OF WARRANTY OR STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL TREGASKISS’ LIABILITY IN CONNECTION WITH THE AGREEMENT OR SALE OF TREGASKISS’ PRODUCTS OR SERVICES EXCEED THE ORIGINAL PURCHASE PRICE OF THE SPECIFIC PRODUCTS OR SERVICES AS TO WHICH THE CLAIM IS MADE. EXCEPT AS SET FORTH HEREIN, TREGASKISS MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE).

    11. Training. All users of the Products are required to read and adhere to the applicable user manuals and safety instructions. Purchaser shall indemnify Tregaskiss for all costs incurred with respect to claims for personal injuries and property damage in connection with the use of Products by any person without proper training. Tregaskiss may provide Purchaser with training upon request, provided, however, any training provided by Tregaskiss will not affect Purchaser’s obligations set forth above.

    12. Product Use. Purchaser is solely responsible for determining if a Product is fit for a particular purpose and suitable for Purchaser’s method of application. Accordingly, and due to the nature and manner of use of Tregaskiss’ Products, Tregaskiss is not responsible for the results or consequences of use, misuse or application of its Products. All physical properties, statements and recommendations are based on the tests or experience that Tregaskiss believes to be reliable, but they are not guaranteed.

    13. Ownership of Intellectual Property. All drawings, know-how, designs, specifications, inventions, devices, developments, processes, copyrights and other information or intellectual property disclosed or otherwise provided to Purchaser by Tregaskiss and all rights therein (collectively, “Intellectual Property”) will remain the property of Tregaskiss and will be kept confidential by Purchaser in accordance with these Terms. Purchaser has no claim to, nor ownership interest in, any Intellectual Property, and such information, in whatever form and any copies thereof, shall be promptly returned to Tregaskiss upon request from Tregaskiss. Purchaser acknowledges that no license or rights of any sort are granted to Purchaser hereunder in respect of any Intellectual Property, other than the limited right to use Tregaskiss’ Products or receive the Services purchased from Tregaskiss.

    14. Use of Trademarks and Trade Names. Purchaser shall not use, directly or indirectly, in whole or in part, Tregaskiss’ name, or any other trademark or trade name that is now or may hereafter be owned by Tregaskiss (collectively the “Trademarks”), as part of Purchaser’s corporate or business name, or in any way in connection with Purchaser’s business, except in a manner and to the extent authorized herein or otherwise approved by Tregaskiss in writing. Purchaser hereby acknowledges Tregaskiss’ ownership of the Trademarks and the goodwill associated therewith. Purchaser shall not infringe upon, harm or contest the validity of any Trademarks. Purchaser shall be entitled to use the Trademarks only in connection with the promotion or sale of the authorized Products pursuant to the terms of the Agreement. Purchaser shall reproduce the Trademarks exactly as specified by Tregaskiss. Purchaser shall not use the Trademarks in combination with any other trademarks or names. Purchaser agrees that it will not register or attempt to register any Trademark or any colorable imitation thereof (including any non-English language variation thereof), or use such Trademarks for any products or for any purposes other than those set forth in the Agreement. Purchaser shall not at any time during or after termination of the Agreement use in its business any other trademark that is similar to or in any way resembles the Trademarks so as to be likely to cause deception or confusion with the Trademarks. Purchaser shall provide reasonable cooperation to Tregaskiss with respect to any efforts of Tregaskiss to protect, defend or enforce its rights to the Trademarks. Should Purchaser cease being an authorized customer of Tregaskiss for any reason, Purchaser shall immediately discontinue any formerly permitted use of Tregaskiss’ name or the Trademarks.

    15. Confidential Information. All information furnished or made available by Tregaskiss to Purchaser in connection with the subject matter hereof shall be held in confidence by Purchaser. Purchaser agrees not to use (directly or indirectly), or disclose to others, such information without Tregaskiss’ prior written consent. The obligations in this section will not apply to any information that: (a) at the time of disclosure was or thereafter becomes generally available to the public by publication or otherwise through no breach by Purchaser of any obligation herein; (b) Purchaser can show by written records was in Purchaser’s possession prior to disclosure by Tregaskiss; or (c) is legally made available to Purchaser by or through a third party having no direct or indirect confidentiality obligation to Tregaskiss with respect to such information.

    16. Audit. Unless agreed to in writing by an officer of Tregaskiss, neither Purchaser nor any Purchaser representative, may examine or audit Tregaskiss’ cost accounts, books or records of any kind or any matter, or any other data that Tregaskiss, in its sole discretion, considers confidential or proprietary.

    17. Infringement and Indemnification. Except as set forth below, Tregaskiss agrees to defend and indemnify Purchaser against any claims, costs, damages, liability and expenses resulting from actual patent, trademark or copyright infringement, misappropriation of confidential information, or violation of any other Intellectual Property right, domestic or foreign that may arise from the sale of Tregaskiss’ proprietary Product to Purchaser as such pertains to the subject matter of the Agreement (each, a “Claim”); provided, however, (a) Purchaser supplies Tregaskiss written notice of such Claim immediately after the Purchaser has notice of such Claim, (b) Purchaser cooperates with Tregaskiss in the defense and settlement of such Claim, and (c) Purchaser allows Tregaskiss the right to defend and settle such Claim at Tregaskiss’ expense. If a suit or claim results in any injunction or order that would prevent Tregaskiss from supplying any part or Product falling under the Agreement, or if the result of such a suit or claim would, in the reasonable opinion of Tregaskiss, otherwise cause Tregaskiss to be unable to supply such parts or Products, Tregaskiss may do one or more of the following: (i) secure an appropriate license to permit Tregaskiss to continue supplying those parts or Products; (ii) modify the appropriate part or Product so that it becomes non-infringing; (iii) replace the appropriate part or Product with a non-infringing but practically equivalent part or Product; or (iv) if Tregaskiss cannot reasonably accomplish the actions specified in subsections (i) – (iii), then in Tregaskiss’ sole discretion, Tregaskiss may discontinue selling the part or Product without any further liability to Purchaser. Notwithstanding the foregoing, Tregaskiss shall have no liability or duty to defend and indemnify Purchaser against any Claim relating to: (1) the use of any part or Product, (2) the combination of any part or Product with any other part or product not supplied by Tregaskiss, or (3) any part or Product or process that is designed or specified by Purchaser.

    18. Tregaskiss Employees. Tregaskiss sales and service employees do not have the training or authority to make legal representations or enter into any agreements or execute any Purchaser documents affecting legal responsibilities or waiving legal rights, including those regarding the transfer of intellectual property rights or related to privacy laws. Any such representations, agreements or documents will not be binding on Tregaskiss or such Tregaskiss employees.

    19. Service Terms. The following terms and conditions apply to any on-site Services provided by Tregaskiss: 

    A. Services will be provided at Tregaskiss’ then current service rates. 

    B. Purchaser shall prepare the site for the Services. If the site is not prepared for the Services upon Tregaskiss service personnel’s arrival at the agreed upon time and date for Services, Tregaskiss may charge Purchaser for any delay and/or travel time at Tregaskiss’ regular service rates. 

    C. Purchaser shall provide Tregaskiss with advance notice of any rules, regulations, statutes and requirements applicable to the Services, including any required permits and licenses that are applicable to Purchaser’s local jurisdiction.

    D. Tregaskiss may refuse, without any liability, to provide Services, and allow Tregaskiss service personnel to suspend Services or vacate any site where, in Tregaskiss’ opinion, performance of Services would pose a risk to the safety of any person. In such event, Purchaser is responsible for payment of any delay and/or travel time at Tregaskiss’ regular service rates.

    E. Purchaser is solely liable for all damages or injuries caused or contributed to by Purchaser that may occur on the site, except to the extent damages or injuries are directly caused by the gross negligence or willful misconduct of Tregaskiss service personnel.

    20. Compliance. Purchaser agrees to comply with all federal, state, local and foreign rules, regulations, ordinances and laws applicable to Purchaser’s obligations hereunder and Purchaser’s use of the Products and Services, including import/export laws, labor laws and anti-corruption laws.

    21. Relationship of the Parties. Nothing in the Agreement or the course of dealing of the parties may be construed to constitute the parties hereto as partners, joint venturers or as agents for one another or as authorizing either party to obligate the other in any manner.

    22. Force Majeure. Tregaskiss will not be responsible for failure to perform in a timely manner under the Agreement when its failure results from events beyond its reasonable control (an event of “Force Majeure”), including acts of God, epidemics, acts of war whether declared or undeclared, blockades, labor disputes (whether of Tregaskiss’ employees or the employees of others), raw material shortages and material increases in costs of raw materials. In the event of Force Majeure, the time for performance will extend for such time as reasonably necessary to enable Tregaskiss to perform.

    23. Assignment; Binding Effect. No assignment of any rights or interest or delegation of any obligation of Purchaser under the Agreement or Purchaser’s purchase order may be made without Tregaskiss’ prior written consent. Any attempted assignment will be void. Tregaskiss may assign the Agreement or otherwise transfer its rights and/or obligations under the Agreement. The Agreement will inure to the benefit of and be binding upon the parties and their respective permitted successors and assigns.

    24. Waiver. In the event of any default by Purchaser, Tregaskiss may decline to ship Products or provide Services. If Tregaskiss elects to continue shipping or otherwise fails to insist upon strict compliance with the Agreement, Tregaskiss’ actions will not constitute a waiver of Purchaser’s default or any other existing or future default or affect Tregaskiss’ legal remedies.

    25. Bankruptcy. If either party becomes insolvent, is unable to pay its debts when due, files for or is the subject of involuntary bankruptcy, has a receiver appointed or has its assets assigned, the other party may cancel any unfulfilled obligations hereunder.

    26. Limitation of Actions/Choice of Law/Litigation Costs. Any dispute arising out of or related to the Agreement will be governed by and construed according to the laws of the state of Illinois and litigated exclusively in a state or federal court located in Cook County, Illinois. The parties hereto expressly release and waive any and all rights to a jury trial and consent to have any dispute heard solely by a court of competent jurisdiction.  The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the Agreement. If either party commences litigation or mutually agreed upon alternative dispute resolution concerning any provision of the Agreement, the prevailing party is entitled, in addition to the relief granted, to a reasonable sum for their attorney’s fees in such litigation or mutually agreed upon alternative dispute resolution, provided that if each party prevails in part, such fees will be allocated in the manner as the court or arbitrator determines to be equitable in view of the relative merits and amounts of the parties’ claims.

    27. Survival. Any provisions in the Agreement which, by their nature, extend beyond the termination or expiration of any sale of Products or Services, will remain in effect until fulfilled.

    28. Severability. If any provision herein is held to be unlawful or unenforceable, the remaining provisions herein will remain in effect.

    29. Integration and Modification. The Agreement constitutes the entire agreement between Tregaskiss and Purchaser with respect to the Products and Services covered by the Agreement, and supersedes any prior agreements, understandings, representations and quotations with respect thereto. No modification hereof will be of any effect unless in writing and signed by the party to be bound thereby.


    CONTACT

    TregaskissBernardCustomer Service
    2570 North Talbot Road
    Windsor, Ontario  N0R 1L0

    Phone: 519-737-3000
    Fax: 519-737-1530
    449 West Corning Road
    Beecher, Illinois  60401

    Phone: 708-946-2281
    Fax: 708-946-6726
    Phone: 1-855-MIGWELD (644-9353) or +1-519-737-3000

    Email: cs@itwmig.com

    Fax Orders: +1-519-737-1530 or +1-708-946-6726
    Toll-Free Fax Orders: 1-877-737-2111 or 1-888-946-6726

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      Cookie Notice

      Tregaskiss and Bernard respects your personal privacy and is committed to adhering to the applicable privacy and data protection laws and industry guidelines, including GDPR. This cookie notice (“Cookie Notice”) and our Website Privacy Notice available at https://www.tregaskiss.com/tregaskiss-privacy-policy/ describe how we handle the personal information that you provide to us on this website (“Website”). This notice applies only to the Tregaskiss and Bernard website and not to any third-party sites that may be accessible from here.

      Cookies

      To make this website simpler to use and navigate, we sometimes place a small data file on your computer or device. These are known as cookies. Most websites you visit will use cookies in order to improve your user experience by enabling that website to ‘remember’ you, either for the duration of your visit (using a ‘session cookie’) or for repeat visits (using a ‘persistent cookie’).

      Cookies do lots of different jobs, like letting you navigate between pages efficiently, storing your preferences, and generally improving your experience of a website. Cookies make the interaction between you and the website faster and easier. If a website doesn’t use cookies, it will think you are a new visitor every time you move to a new page on the site – for example, when you enter your login details and move to another page it won’t recognise you and it won’t be able to keep you logged in.

      They make your visit simpler by:

      • Remembering settings, so you don’t have to re-enter them at every page you visit (such as placing items in an ecommerce shopping basket)
      • Remembering information you’ve given (such as a Zip or Postal Code) so you don’t need to keep re-entering it
      • Measuring how you use our website so we can improve it to meet your needs

      We use cookies to make the site work better for you and because they are essential to the usage of our website. You can manage and/or delete these small files as you wish. Learn more about cookies and how to manage them at AboutCookies.org.

      If you prevent cookie usage on this website then please note that some parts may then be inaccessible or not function properly.

      If you do not want any information collected, then you should choose not to use the Tregaskiss web site.

      How we use cookies

      Our website may use cookies in several places – we’ve listed each of them below with more details about why we use them.

      For more information regarding how we collect, use and store data in line with GDPR, please visit the privacy notice Privacy Policy.

      Category: Necessary (12)

      Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.

      Cookie NameCookie PurposeProviderTypeExpiry
      CookieConsentStores the user’s cookie consent state for the current domain.tregaskiss.comHTTP1 year
      cookietestThis cookie is used to determine if the visitor has accepted the cookie consent box.tregaskiss.comHTTPSession
      CONSENTUsed to detect if the visitor has accepted the marketing category in the cookie banner. This cookie is necessary for GDPR-compliance of the website.google.com, youtube.comHTTP2 years
      _ce.cchStores the user’s cookie consent state for the current domain.tregaskiss.comHTTPSession
      ce_successful_csp_checkDetects whether user behaviour tracking should be active on the website.tregaskiss.comHTMLPersistent
      _grecaptchaThis cookie is used to distinguish between humans and bots. This is beneficial for the website, in order to make valid reports on the use of their website.tregaskiss.comHTMLPersistent
      JSESSIONIDPreserves users states across page requests.
      nr-data.net,
      configuremygun.tregaskiss.com
      HTTPSession
      li_gcStores the user’s cookie consent state for the current domain.linkedin.comHTTP2 years
      rc::aThis cookie is used to distinguish between humans and bots. This is beneficial for the website, in order to make valid reports on the users website.google.comHTMLPersistent
      rc::bThis cookie is used to distinguish between humans and bots. google.comHTMLSession
      rc::cUsed in context with video-advertisement. The cookie limits the number of times a visitor is shown the same advertisement-content. The cookie is also used to ensure relevance of the video-advertisement to the specific visitor. google.comHTMLSession
      rc::d-15#This cookie is used to distinguish between humans and bots.google.comHTMLPersistent

      Category: Preferences (1)

      Preference cookies enable a website to remember information that changes the way the website behaves or looks, like your preferred language or the region that you are in.

      NameProviderPurposeTypeExpiry
      langads.linkedin.comRemembers the user’s selected language version of a websiteHTTPSession

      Category: Statistics (18)

      Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.

      NameProviderPurposeTypeExpiry
      _at.hist.#Used by the social sharing platform AddThis to store the user’s usage history of the AddThis sharing widget.tregaskiss.comHTMLPersistent
      _ce.gtldHolds which URL should be presented to the visitor when visiting the site.tregaskiss.comHTTPSession
      _ce.sCollects data on the user’s navigation and behavior on the website. This is used to compile statistical reports and heatmaps for the website owner.tregaskiss.comHTTP1 year
      _gaRegisters a unique ID that is used to generate statistical data on how the visitor uses the website.tregaskiss.comHTTP2 years
      _ga_#Used by Google Analytics to collect data on the number of times a user has visited the website as well as dates for the first and most recent visit. tregaskiss.comHTTP2 years
      _gatUsed by Google Analytics to throttle request rate.tregaskiss.comHTTP1 day
      _gidRegisters a unique ID that is used to generate statistical data on how the visitor uses the website.tregaskiss.comHTTP1 day
      AnalyticsSyncHistoryUsed in connection with data-synchronization with third-party analysis service.linkedin.comHTTP29 days
      ce_clockSets a timestamp for when the visitor entered the website. This is used for analytical purposes on the website.tregaskiss.comHTMLPersistent
      cebsTracks the individual sessions on the website, allowing the website to compile statistical data from multiple visits. This data can also be used to create leads for marketing purposes.tregaskiss.comHTTPSession
      cebspThis cookie is used to determine when the visitor last visited the different subpages on the website.tregaskiss.comHTTPSession
      cetabidSets a unique ID for the session. This allows the website to obtain data on visitor behaviour for statistical purposes.tregaskiss.comHTMLSession
      collectUsed to send data to Google Analytics about the visitor’s device and behavior. Tracks the visitor across devices and marketing channels.google-analytics.comPixelSession
      History.storeContains an visitor ID – This is used to track visitors’ navigation and interaction on the website for internal website-optimization. configuremygun.tregaskiss.comHTMLSession
      Q_INTERCollects statistics on the visitor’s visits to the website, such as the number of visits to the website, average time spent on the website and what pages have been read.tregaskiss.comHTMLPersistent
      QSI_ActionSetHistoryAssigns a specific ID to the visitor. This allows the website to determine the number of specific user-visits for analysis and statistics.tregaskiss.comHTMLPersistent
      QSI_HistoryUsed to detect whether the user has responded to surveys presented on the website. The purpose of the surveys a re-website optimization.tregaskiss.comHTMLSession
      QSI_HistorySessionThis cookie is used to determine when the visitor last visited the different subpages on the website.tregaskiss.comHTMLSession

         
      Category: Marketing (35)

      Marketing cookies are used to track visitors across websites. The intention is to display ads that are relevant and engaging for the individual user and thereby more valuable for publishers and third party advertisers.

      Cookie NameCookie PurposeProviderTypeExpiry
      _atuvcUpdates the counter of a website’s social sharing features.tregaskiss.comHTTP13 months
      __atuvsEnsures that the updated counter is displayed to the user if a page is shared with the social sharing service, AddThis.tregaskiss.comHTTP1 day
      _at.cwwUsed by the social sharing platform AddThistregaskiss.comHTMLPersistent
      _fbpUsed by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.tregaskiss.comHTTP3 months
      _gcl_auUsed by Google AdSense for experimenting with advertisement efficiency across websites using their services.tregaskiss.comHTTP3 months
      _GRECAPTCHAUsed to distinguish between humans and bots. This is beneficial for the website in order to make valid reports on the use of their website.google.comHTTP179 days
      ads/ga-audiencesUsed by Google AdWords to re-engage visitors that are likely to convert to customers based on the visitor’s online behaviour and across websites.google.comPixelSession
      at-lojson-cache-#Used by the social sharing platform AddThis.tregaskiss.comHTMLPersistent
      at-randUsed by the social sharing platform AddThis.tregaskiss.comHTMLPersistent
      bcookieUsed by the social networking service, LinkedIn, for tracking the use of embedded services.linkedin.comHTTP2 years
      bscookieUsed by the social networking service, LinkedIn, for tracking the use of embedded services.linkedin.comHTTP2 years
      IDEUsed by Google DoubleClick to register and report the website user’s actions after viewing or clicking one of the advertiser’s ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user.doubleclick.netHTTP1 year
      langSet by LinkedIn when a web page contains an embedded “Follow us” panel.linkedin.comHTTPSession
      lidcUsed by the social networking service, LinkedIn, for tracking the use of embedded services.linkedin.comHTTP1 day
      locGeolocation, which is used to help providers determine how users who share information with each other are geographically located (state level).addthis.comHTTP13 months
      pagead/1p-conversion/#Unclassifiedgoogle.comPixelSession
      pagead/1p-user-list/#Tracks if the user has shown interest in specific products or events across multiple websites and detects how the user navigates between sites. This is used for measurement of advertisement efforts and facilitates payment of referral-fees between websites.google.comPixelSession
      pagead/landingCollects data on visitor behaviour from multiple websites, in order to present more relevant advertisement – This also allows the website to limit the number of times that they are shown the same advertisement.doubleclick.net, google.comPixelSession
      pagead/viewthroughconversion
      /417655352
      Unclassifieddoubleclick.netPixelSession
      test_cookieUsed to check if the user’s browser supports cookies.doubleclick.netHTTP1 day
      trUsed by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.facebook.comPixelSession
      UserMatchHistoryUsed to track visitors on multiple websites, in order to present relevant advertisement based on the visitor’s preferences.linkedin.comHTTP29 days
      uvcDetects how often the social sharing service, AddThis, encounters the same user.addthis.comHTTP13 months
      VISITOR_INFO1_LIVETries to estimate the users’ bandwidth on pages with integrated YouTube videos.youtube.comHTTP179 days
      xtcRegisters the user’s sharing of content via social media.addthis.comHTTP13 months
      YSCRegisters a unique ID to keep statistics of what videos from YouTube the user has seen.youtube.comHTTPSession
      ytidb::LAST_RESULT_ENTRY_KEYStores the user’s video player preferences using embedded YouTube video.youtube. comHTMLPersistent
      yt-remote-cast-availableStores the user’s video player preferences using embedded YouTube video.youtube.comHTMLSession
      yt-remote-cast-installedStores the user’s video player preferences using embedded YouTube video.youtube.comHTMLSession
      yt-remote-connected-devicesStores the user’s video player preferences using embedded YouTube video.youtube.comHTMLPersistent
      yt-remote-device-idStores the user’s video player preferences using embedded YouTube video.youtube.comHTMLPersistent
      yt-remote-fast-check-periodStores the user’s video player preferences using embedded YouTube video.youtube.comHTMLSession
      yt-remote-session-appStores the user’s video player preferences using embedded YouTube video.youtube.comHTMLSession
      yt-remote-session-nameStores the user’s video player preferences using embedded YouTube video.youtube.comHTMLSession

      Category: Unclassified (5)

      Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.

      Cookie NameCookie PurposeProviderTypeExpiry
      _laststartupidUnclassifiedconfiguremygun.tregaskiss.comHTTPSession
      ab-testing-for-wp_OoJvujHZVUnclassifiedtregaskiss.comHTTP29 days
      SITE_LOGOUnclassifiedconfiguremygun.tregaskiss.comHTMLSession
      SITE_NAMEUnclassifiedconfiguremygun.tregaskiss.comHTMLSession
      SITE_URLUnclassifiedconfiguremygun.tregaskiss.comHTMLSession

      How you can contact Tregaskiss and Bernard

      If you have any questions, comments or concerns about this Privacy Notice or the information practices of this site, please contact us at:

      Tregaskiss
      Address: 2570 N. Talbot Road, Windsor, ON Canada
      Contact Number: 519-737-3000
      E-mail: customerservice@millerwelds.com

      Compliance and Cooperation with Regulatory Authorities

      We review our privacy notice on a regular basis. Our procedures and practices are in line with the GDPR set by the EU, which will remain the case after the UK has left the EU. For more information, please contact customerservice@millerwelds.com.

      Changes to the Notice

      Tregaskiss and Bernard reserves the right to update or modify this Cookie Notice, at any time and without prior notice, by posting the revised version of this Cookie Notice on our Tregaskiss and Bernard Website. If we modify this Privacy Notice, the modifications will only apply to personal information we collect after we have posted the revised Cookie Notice on the Website.

      Last Updated July 13 ,2022

      Terms of Use

      Welcome to the website or mobile app operated by Tregaskiss, a division of ITW Canada, Inc. and Bernard, a Division of Miller Electric Mfg. LLC (“Tregaskiss,” “Bernard”,we,” “us,” or “our”). This website or mobile app (the “Website”) provides general information about Tregaskiss, Bernard and its products and services, free of charge to our users.

      All uses of the Website are subject to the following terms and conditions of use (these “Terms of Use”).

      Please read these Terms of Use carefully before accessing or using any part of this Website. By accessing or using this Website, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the Tregaskiss Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Website.

      Tregaskiss and Bernard may revise and update these Terms of Use at any time by posting the amended terms to this Website. Your continued use of this Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website. 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 THE WEBSITE

      You agree to use the Website only for lawful purposes:

      1. Specifically you agree not to do any of the following: (1) upload to or transmit on the 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 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 communications not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit via the Website any advertisements or solicitations of business; (6) restrict or inhibit use of the 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 Website or that you have a contractual obligation to keep confidential (notwithstanding its availability on the 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 Website, or which, as determined by Tregaskiss and Bernard, may harm Tregaskiss and Bernard or users of the Website or expose them to liability.
      2. Any content and/or opinions uploaded, expressed or submitted to a message board, blog, chatroom or any other publicly available portion of the Website (including password-protected areas), and all articles and responses to questions, other than the content provided by Tregaskiss and Bernard, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Tregaskiss and Bernard. You understand and acknowledge that you are responsible for whatever content you submit, and that you, not Tregaskiss and Bernard, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Website. You grant to Tregaskiss and Bernard the right to use all content you upload or otherwise transmit to the Website in any manner Tregaskiss and Bernard chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
      3. Tregaskiss and Bernard reserves the right, but does not assume any responsibility, to (1) remove any material posted via the Website which Tregaskiss and Bernard, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Tregaskiss and Bernard 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 Website. However, Tregaskiss and Bernard can neither review all material before it is made available on the Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Tregaskiss and Bernard assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Tregaskiss and Bernard reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, Tregaskiss and Bernard has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
      4. Your failure to comply with the provisions of (A) or (B) above may result in the termination of your access to the Website and may expose you to civil and/or criminal liability.

      The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Tregaskiss and Bernard or its licensors and are protected by Canada and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier or distributor of Tregaskiss and Bernard. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material provided by this Website without the prior written consent of Tregaskiss and Bernard, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser or device for display enhancement purposes, and (c) print a reasonable amount of information from this Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with Tregaskiss and Bernard or the applicable owner of such content. Except as expressly authorized by Tregaskiss and Bernard in writing, you may not reproduce, sell or exploit for any commercial purposes (i) any material provided by this Website, (ii) access to this Website, or (iii) use of this Website or of any Tregaskiss and Bernard services or materials made available through this Website.
       

      TRADEMARKS

      Tregaskiss®, TOUGH GUN®, TOUGH GUN I.C.E.®, AccuLock™, TOUGH LOCK®, TOUGH GARD®, QUICK LOAD®, AutoLength™ and other names are trademarks of Tregaskiss, a division of ITW Canada Inc. Bernard®, TGX®, Clean Air™, Dura-Flux™, W-Gun™, T-Gun™, Centerfire™, Quik Tip™, Shortstub™ and other names are trademarks of Bernard, a division of Miller Electric Mfg. LLC.

      The trademarks noted above and the Tregaskiss and Bernard logos and all related product and service names, designs and slogans on our Website are trademarks of Tregaskiss and Bernard or its affiliates. You may not use such marks without Tregaskiss and Bernard prior written permission. All other names, brands and marks not owned by Tregaskiss and Bernard are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
       

      DEALINGS WITH THIRD-PARTY MERCHANTS

      If you choose to correspond, participate in a promotion or engage in transactions with any merchant found on or through this Website, you acknowledge and agree that Tregaskiss and Bernard 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 Tregaskiss and Bernard will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this Website.
       

      LIABILITY OF TREGASKISS, BERNARD AND ITS LICENSORS

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

      THE WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE (EXCEPT TO THE EXTENT THE PRODUCT OR SERVICES ARE COVERED BY A WARRANTY IN TREGASKISS AND BERNARD’S TERMS AND CONDITIONS OF SALE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. EXCEPT AS REQUIRED BY LAW, NEITHER TREGASKISS AND BERNARD NOR ANY PERSON ASSOCIATED WITH TREGASKISS AND BERNARD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER TREGASKISS AND BERNARD NOR ANYONE ASSOCIATED WITH TREGASKISS AND BERNARD WARRANTS OR REPRESENTS THAT THE WEBSITE, THE SITE CONTENT OR OTHER SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SOFTWARE THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TO THE EXTENT PERMITTED BY LAW, TREGASKISS AND BERNARD DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL TREGASKISS AND BERNARD 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 WEBSITE, THE SITE CONTENT, ANY OTHER SERVICES PROVIDED ON OR THROUGH THIS WEBSITE OR ANY LINKED SITE OR SERVICE, 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 WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY TREGASKISS AND BERNARD AND WHETHER OR NOT TREGASKISS AND BERNARD HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
       

      INDEMNIFICATION

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

      SUBMISSION OF PERSONALLY IDENTIFIABLE INFORMATION TO TREGASKISS AND BERNARD/PROTECTION OF PERSONAL INFORMATION

      Tregaskiss and Bernard use of your personal information and your responsibilities in connection with protecting your privacy are described in our Privacy Policy which is located at Tregaskiss Privacy Policy Web Page and is incorporated by reference into these Terms of Use.

      You are prohibited from using any services or facilities provided in connection with this 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, Tregaskiss and Bernard reserves the right to release your details to unaffiliated third parties and/or law enforcement in order to assist them in resolving security incidents. Tregaskiss and Bernard reserves the right to investigate suspected violations of these Terms of Use.

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

      COMMENTS AND SUBMISSIONS

      Tregaskiss and Bernard welcomes your comments. All comments, suggestions or other information sent by you to this Website will become Tregaskiss and Bernard property, and you agree that all intellectual property rights therein are transferred to Tregaskiss and Bernard. You understand that any postings to publicly available portions of the Website are non-confidential for all purposes and otherwise governed by the Use of the Service section appearing above.
       

      The Website may provide links to other web sites on the Internet. Tregaskiss and Bernard 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 Website or third-party advertisements presented within the Website, and Tregaskiss and Bernard 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 each such web sites.
       

      COMPLIANCE

      The owner of this Website is based in the Province of Ontario, Canada. Tregaskiss and Bernard makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.
       

      If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):

      • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
      • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Tregaskiss and Bernard to locate the material;
      • Information reasonably sufficient to permit Tregaskiss and Bernard to contact you, such as an address, telephone number, and, if available, an electronic mail;
      • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      You may direct copyright infringement notifications to our DMCA Agent as follows at:

      info@tregaskiss.com

      For clarity, only DMCA notices should go to the DMCA Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Tregaskiss and Bernard by emailing or writing to:

      Tregaskiss
      2570 North Talbot Road
      Windsor, Ontario, Canada N0R 1L0
      Phone: 519-737-3000
      info@tregaskiss.com

      You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may be rejected as invalid.
       

      MISCELLANEOUS

      These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the Province of Ontario, Canada, 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 Tregaskiss and Bernard with respect to the Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Website shall be in the provincial or federal courts located in or near Windsor, Ontario. 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 Tregaskiss and Bernard as a result of these Terms of Use or your use of this 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.

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

      Last updated: December 9, 2020

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          Privacy Policy

          Last Revised: December 9, 2020

          Tregaskiss, a Division of ITW Canada Inc., and Bernard, a Division of Miller Electric Mfg. LLC (“Tregaskiss,” “we,” “us,” or “our”) respects your privacy and is committed to following the data protection laws that apply to us. This Privacy Policy describes the information we collect, how we use and share it, and your rights with respect to the information we collect about you. This Privacy Policy applies to any information we collect or maintain about you, including (1) personal information that you provide to us on Tregaskiss.com (“Website”) and other websites, applications, communications, and online services that link to this Privacy Policy (collectively with the Website, the “Website and Online Services”), (2) information collected through your use of or interaction with the Website and Online Services, (3) information obtained from our approved partners and other reliable third-party sources, (4) information collected offline (e.g., if we collect information while on-site during a service call), and (5) information collected through a call center. This Privacy Policy also explains the use of cookies and similar technologies on the Website and Online Services (see PASSIVE INFORMATION COLLECTION below).

          This Privacy Policy applies only to the Website and Online Services that link to this Privacy Policy – not to any third-party sites that may be accessible from the Website and Online Services.

          After reading this Privacy Policy, which is incorporated into and is a part of this Website’s Terms and Conditions of Use, you will know:

          1. What information we collect from or about you and how we use it
          2. What choices you have about how we use your personal information
          3. How we protect your information
          4. What we do about children visiting the Website and Online Services
          5. Additional information applicable to California residents
          6. How you can contact us
          7. Changes in the Privacy Policy

          CALIFORNIA RESIDENTS: Section 5 and the Supplemental Notice for California Residents, attached to and a part of this Privacy Policy, provide additional information about how we collect and share your personal information and your rights under California law with respect to your personal information.

          1. Information We Collect From You and How We Use It

          YOUR CONSENT

          By using, visiting, or interacting with the Website and Online Services or providing personal information to us through your use of the Website and Online Services, you are consenting to the collection, use, and disclosure of your personal information described in this Privacy Policy.

          If you do not consent to the collection, use, and disclosure of your personal information as described in this Privacy Policy, do not use the Website or contact us as described in Section 6 below.

          ACTIVE INFORMATION COLLECTION

          Like many other websites, we actively collect information from our visitors both by asking specific questions on the Website and Online Services and by permitting you to communicate directly with us via e-mail, “Contact Us” forms, or other methods made available to you on our Website and Online Services. Some of the information that you submit may be personal information (that is, information that can be uniquely identified with you, such as your name, address, e-mail address, phone number, etc.). We use this information for the purposes for which you provide it and for any other purpose described at the time information is submitted by you, as otherwise set forth in this Privacy Policy, or as permitted or required by applicable law.

          We generally collect and use personal information provided to us on the Website and Online Services for the following purposes:

          • to establish, develop, and preserve our business relationships with our customers and other individuals with whom we conduct business, and to respond to your inquiries;
          • to provide our products and services, including, as necessary, to establish or verify the credit of persons who use, or intend to use, our products or services;
          • to allow individuals to apply for employment with us;
          • to authenticate the identity and preserve the privacy of customers or potential customers who contact us by telephone, electronic means, or otherwise;
          • to allow customers and Website visitors to register for and attend training sessions and classes;
          • for quality assurance purposes;
          • to manage our business and ensure the efficiency, reliability, and security of our systems;
          • to meet legal and regulatory requirements and to allow us to meet contractual requirements relating to our products and services;
          • to ensure our records are accurate and protect customers and our business from error and fraud;
          • to understand and assess the interests, wants, and changing needs of our customers and Website visitors with a view to improving our products and services and developing new ones;
          • to provide our customers and Website and Online Services visitors with personalized products and services as well as product recommendations; and
          • to notify our customers and Website visitors about changes to the Website and Online Services or upcoming products and services offered or provided by us, our affiliates, or our business partners that may be of interest to our customers and Website visitors.

          PASSIVE INFORMATION COLLECTION

          Some of the information we collect depends on the settings on your web browser or mobile device. Please check your web browser or mobile device if you want to learn what information your browser or mobile device sends or how to change your settings. In addition to the information sent by your web browser or mobile device, as you navigate through a website or mobile app, certain information can be passively collected (that is, gathered without you actively providing the information) using various technologies and means, such as navigational data collection.

          Like most website operators, we and our approved partners use cookies and similar technologies, local shared objects (or any other successor tracker technology), Software Development Kits, and pixel tags that automatically receive and track certain data about how you and other visitors interact with our Website and Online Services, preferences expressed, and settings chosen. For example, we may collect information about the technology you use (such as browser, type of computer, operating systems, mobile device and network used, and Internet service providers) and server log data (such as access dates and times, online features or pages viewed, system activity, and the third-party site or service you were using before interacting with our Website). These technologies are described in more detail below.

          Cookies” are small text files that are stored on your browser or device by websites, mobile apps, online media, and advertisements. There are different types of cookies. Cookies served by the entity that operates the website or app you are visiting or using are called “first party cookies” (so cookies served by us while you are using our Website are first party cookies). Cookies served by companies that are not operating the website or app you are visiting or using are called “third party cookies” (so, a website analytics provider may set a cookie on your computer via our Website while you visit our Website). Cookies may also endure for different periods of time. “Session Cookies” last only as long as your browser or app is open. These are deleted automatically once you close your browser or app. Other cookies are “persistent cookies” meaning that they survive after your browser or app is closed (for example, they may recognize your computer when you re-open our online services).

          Local shared objects” (also called Flash cookies or HTML5 cookies) and any other successor technology refers generally to the collection of cookie-like data stored on a browser or computer by web sites, ads, or third parties.

          Pixel tags” (also called beacons or pixels) are small blocks of code installed on (or called by) a web page, app, or advertisement which can retrieve certain information about your device and browser, including device type, operating system, browser type and version, web site visited, time of visit, referring web site, IP address, and other similar information (including the small text file (the cookie) that uniquely identifies the device). Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. “Software Development Kits” (also called SDKs) function like pixels and cookies, but operate in the mobile app context where pixels and cookies cannot always function. The primary app developer can install pieces of code (the SDK) from partners in the app, thereby allowing such partners to collect certain information about user interaction with the app, information about the user device, and network information.

          In this Privacy Policy, these and similar technologies are collectively referred to as “cookies and technologies.” Please see our Cookies Notice for more information. The following table sets out the different categories of cookies and technologies that our Website and Online Services may use and why we use them:

          Cookie TypesPurpose
          AuthenticationThese cookies and technologies tell us when you’re using our Website and Online Services so we can show you the appropriate features and content such as your account information, purchase history, and to edit your account settings.
          Security and Website IntegrityThese cookies and technologies support or enable security features to help keep our Website and Online Services safe and secure. For example, they enable us to remember when you are logged into a secure area of our Website and help protect your account from being accessed by anyone other than you.
          Online Service FeaturesThese cookies and technologies provide functionality that help us deliver products and services. For example, cookies help you log in by pre-filling fields. We may also use these cookies and similar technologies to help us provide you and others with social plugins (for example, Facebook, YouTube, LinkedIn) and other customized content and experiences.
          Analytics and ResearchThese cookies and technologies are used to understand, improve, and research our Website and Online Services, and better understand the interests of people who interact with our Website and Online Services. For example, we and our approved partners may use these cookies and technologies to understand how you are using Website features, and segmenting audiences for feature testing. We and our partners may use these technologies and the information we receive to improve and understand how you use and interact with our Website and Online Services. For example, our Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to analyze use patterns and may collect information about your use of our Website. More information on Google Analytics can be found here: www.google.com/policies/privacy/partners/. If you would like to opt-out of having your data used by these cookies, please use the Google Analytics opt-out available here: https://tools.google.com/dlpage/gaoptout/.

          INFORMATION WE COLLECT FROM OTHER SOURCES

          We may also receive information from other sources and combine it with information we collect through our Website and Online Services. For example, we may obtain information about you from commercially available sources such as data aggregators and public databases (for example, job applicant information received from LinkedIn in connection with our hiring decisions). This information may include your name, demographic information, interests, and public data (such as social media and shopping behavior).

          RETENTION OF PERSONAL INFORMATION

          We retain the personal information collected on the Website and Online Services as long as necessary to provide the services, products, and information you request or as permitted by applicable law.

          DISCLOSURE OF PERSONAL INFORMATION

          We will not sell or otherwise disclose personal information collected from the Website and Online Services to any third person, except as permitted by this Privacy Policy, as permitted or provided by applicable law, or with your consent.

          We may disclose personal information you provide to us via this Website and Online Services or that we collect through your use of the Website and Online Services as follows:

          to affiliates, business partners, service providers, and contractors who support our business, in which case we will limit the amount of information disclosed to that which is necessary in order for them to provide the services or products we have engaged them to provide. We will strive to protect personal information rendered accessible by contractual agreements requiring confidentiality and security practices that help keep data inaccessible to others;

          to respond to law enforcement requests, where required by applicable laws, court orders, or governmental regulations;

          in the event of a sale, merger, liquidation, dissolution, reorganization, assignment, or other transfer of our business to which the information relates, in which case we will require any such buyer to agree to treat it in accordance with this Privacy Policy and use it for the same purposes as we are entitled to do so under this Privacy Policy; and

          to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful, and in situations involving threats of physical safety of any person or when we believe that disclosure is reasonably necessary to protect our rights and property.

          We are not liable for disclosure of information obtained due to errors in transmission or the unauthorized intervention of third parties.

          We may provide aggregate statistics about our customers, sales, online traffic patterns, and related information to reputable third parties, but these statistics will not include any personally identifying information.

          We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf on our Website and Online Services and across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, pixel tags, and other technologies to identify your computer when you use or interact with our Website and Online Services, as well as when you visit other web sites and services. When third-party ad providers collect data on our Website and Online Services for their own purposes (not solely on our behalf), that data collected and maintained by those third-party ad providers will be subject to the terms of use and privacy policies of those providers.

          The Website and Online Services may use social media plugins (for example, the Facebook “Share” button, “Share to Twitter”’ button) to enable you to easily share information with others. When you visit our Website, the operator of the social plugin can place a cookie on your computer, enabling that operator to recognize individuals who have previously visited our Website. If you are logged into the social media website (for example, Facebook, Twitter, Google+) while browsing on our Website, the social plugins allow that social media website to receive information that you have visited our Website. The social plugins also allow the social media website to share information about your activities on our Website with other users of their social media website. For example, Facebook social plugin allows Facebook to show your comments on our pages to your Facebook friends. We do not control any of the content from the social media plugins. For more information about social plugins from other social media websites you should refer to those sites’ privacy and data sharing statements.

          We may transfer the information described in this Privacy Policy to, and process and store it in, the United States and other countries, some of which may have less protective data protection laws than the region in which you reside. Where this is the case, we will take appropriate measures to protect your information in accordance with this Privacy Policy. Nonetheless, your personal information may be subject to foreign laws and may be accessible by foreign government authorities, courts, law enforcement, and regulatory agencies.

          2. Choices You Have About How We Use Your Information

          We strive to provide you with as many choices and as much control as possible regarding the personal information we collect about you.

          You may send us an e-mail message at privacy@itwwelds.com to request access to, correct, or delete any personal information that you have provided to us. To protect your privacy, we will only respond to e-mail messages sent from the e-mail account you used to set up your account.

          You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the ‘unsubscribe’ or ‘opt-out’ link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), then please contact us using the contact details in Section 6 below.

          If you do not wish for us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of this Website may then be inaccessible or not function properly. Removing or rejecting browser cookies does not necessarily affect third-party Flash cookies (see “Local shared objects” above) which may be used by us or our partners in connection with our Website and Online Services. You may need to take additional steps to delete or disable Flash cookies.

          You can also generally opt-out of receiving personalized ads from third party advertisers and ad networks that honor such requests by visiting: www.aboutads.info/choices (if you are in the United States), http://youradchoices.ca/choices/ (if you are in Canada), or http://youronlinechoices.eu/ (if you are in Europe).

          DO NOT TRACK: Some web browsers may transmit “do-not-track” signals to websites with which the browser communicates. Our Website and Online Services do not currently respond to these “do-not-track” signals.

          3. How We Protect Your Information

          We work hard to protect your personal information. All information collected through the Website and Online Services is stored within a secured database that is not accessible to the outside world. Resumes are stored on file systems that are not publicly accessible. Our servers are protected behind both hardware and software firewalls. Low-level access to information is restricted to authorized support personnel only.

          The safety and security of your information also depends on you. Never share your password with anyone else, notify us promptly if you believe your password security has been breached, and remember to log off this Website before you leave your computer.

          Our Website and Online Services contain links to other websites operated by third parties that may be of interest to you. We cannot control these third-party sites, which may collect personal information from you. When you follow a link and leave this Website or Online Service, you do so at your own risk. We encourage you to read that third party’s privacy policy or contact them directly regarding their privacy practices.

          4. What We Do About Children Visiting This Website

          This Website is not intended for children under the age of 13. We will not knowingly collect information from Website and Online Services visitors in this age group. We encourage parents to talk to their children about their use of the Internet and the information they disclose online. If your child has submitted personal information and you would like to request that such information be deleted from our records, you may do so by writing us at the address in Section 6 below.

          5. CALIFORNIA RESIDENTS

          The California Consumer Privacy Act of 2018 (CCPA) gives California residents the right to know what personal information we collect about them, including whether it is being sold or disclosed to third parties. The CCPA also grants certain other rights to California residents, including the right to delete their personal information (subject to certain exceptions) and the right to prevent us from selling their personal information. Companies are also prohibited from retaliating or discriminating against consumers for exercising their rights under the CCPA.

          California residents also have certain rights with respect to our use and disclosure of personal information:

          • Right to Notice. Before or at the time we collect personal information from you, you have the right to receive notice of the personal information to be collected and the purposes for which we use it. The Supplemental Notice for California Residents attached to this Privacy Policy is intended to satisfy this requirement. You also have the right to request that we disclose to you the categories of personal information we have collected about you in the preceding 12 months, along with the categories of sources from which the personal information was collected, the purpose for collecting or selling the personal information, the categories of third parties with whom we shared the personal information, and the categories of third parties with whom we sold the personal information.
          • Right of Access. You have the right to request that we disclose or provide you with access to the specific pieces of personal information we have collected about you in the preceding 12 months.
          • Right to Deletion. You have the right to request that we delete the personal information we collect from you. However, in certain situations we are not required to delete your personal information, such as when the information is necessary in order to complete the transaction for which the personal information was collected, to provide a good or service requested by you, to comply with a legal obligation, to engage in research, to secure our Website and Online Services, or to otherwise use your personal information internally in a lawful manner that is compatible with the context in which you provided the information.
          • Right to Opt-Out of the Sale of Personal Information. We do not sell your personal information. If we sold your personal information to third parties, you would have the right, at any time, to direct us not to sell your personal information.
          • Right Not to Be Subject to Discrimination. You have the right to be free from discrimination or retaliation for exercising any of your rights under the CCPA as described above.

          To exercise any of the rights described above, you can call us toll-free at 1-844-676-0349 or email us at privacy@itwwelds.com. California residents who are unable to review or access this Privacy Policy, including the Supplemental Notice for California Residents, due to a disability may contact privacy@itwwelds.com to access this Privacy Policy in an alternative format.

          We value the security and confidentiality of your personal information. Therefore, if you exercise your right to notice, right of access, or right to deletion, we must first verify your identify to make sure that you are the person about whom we have collected personal information. We verify every request carefully and ask that you provide a scanned copy of a government ID along with your request for verification purposes.

          6. How You Can Contact Us

          If you have any questions, comments, or concerns about this Privacy Policy, our information practices, our Website and Online Services, or our service providers, contractors, and business partners, please contact us at the information below and address your request to:

          Tregaskiss
          Attn: Marketing
          Address: 2570 N. Talbot Road, Windsor, ON Canada
          Contact Number: 519-737-3000
          Toll Free: 1-855-644-9353
          Email: privacy@itwwelds.com

          7. Changes In The Privacy Policy

          We reserve the right to update or modify this Privacy Policy, at any time and without prior notice, by posting the revised version of this Privacy Policy on this Website. If we modify this Privacy Policy, the modifications will only apply to personal information we collect after we have posted the revised Privacy Policy on this Website.


          Privacy Policy

          Supplemental Notice for California Residents

          December 9, 2020

          Why?This Supplemental Notice for California Residents provides certain information required under the California Consumer Privacy Act of 2018 (CCPA) and applies to both our online and offline activities involving personal information about California residents. This Supplemental Notice is incorporated into and a part of our Privacy Policy. For more information about our collection, use, and disclosure of information, as well as your rights under the CCPA, please review our Privacy Policy.
          What?The personal information that we collect or disclose depends on your relationship and interaction with us. Please select the category that applies to your relationship or interaction with us:
          Applicants
          Employees and Contractors
          Website Visitors
          Customer Service Communications
          If you interact with us in more than one way, please review each category that applies to you.
          In addition to the information described below, we collect and disclose any and all personal information (regardless of your relationship or interaction with us) as necessary or appropriate to: comply with laws and regulations; monitor, investigate, and enforce compliance with and potential breaches of our policies and legal and regulatory requirements; comply with civil, criminal, judicial, or regulatory inquiries, investigations, subpoenas, or summons; and exercise or defend our legal rights and those of our employees, affiliates, customers, contractors, and agents.
          Personal InformationIn this Supplemental Notice, “personal information” (or “PI”) means any information that identifies, relates to, describes, or is capable of being associated with you or your household, whether directly or indirectly. Here are the definitions of some of the categories of personal information we collect, use, and share about California consumers that are not otherwise defined in the charts below:
          Commercial Information
          Commercial information, including records of products or services purchased or considered, or other purchasing or consuming histories or tendencies.
          Identifiers
          Identifiers, such as real name, alias, postal address, unique personal identifier, online identifier, internet protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
          Inferences
          Inferences drawn from PI to create a profile reflecting an individual’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
          Network Activity Data
          Internet or other electronic network activity information, such as browsing or search history, and information regarding an individual’s interaction with an internet website, application, or advertisement.

          Applicants

          Categories of PI CollectedPurposes for Collecting or Sharing PI
          IdentifiersEvaluate a potential employment or contractor relationship. Perform background checks and verify past employment, educational history, and qualifications. Determine potential compensation and benefits. Assess your fitness and physical capacity for work. Communicate with you about your application.
          Medical Information, including medical history, mental or physical condition, or treatment.After an offer, to assess your fitness and physical capacity for work.
          Demographic Information protected under California or federal law, such as race, gender, disability, and religion.Filing of state or federal government-mandated reports. Evaluating diversity and inclusion initiatives.
          Job history, professional skills, and educational background.Evaluate a potential employment or contractor relationship.

          Employees and Contractors

          Categories of PI Collected Purposes for Collecting or Sharing PI 
          IdentifiersCompensation and benefits.tManagement of your job performance. Communication with you/your designated emergency contacts in the event of illness, absence, natural disaster, etc. Authentication of your identity and access to Company systems, networks, databases, equipment, and facilities. Workforce management, including personnel planning, productivity monitoring, and evaluation. Tracking and administering training. ?tMonitoring and securing Company systems, networks, databases, confidential information, equipment, facilities. Arranging work-related travel, events, and meetings. Assessing your fitness for work, and other occupational medicine purposes (including work-related injury and illness).
          Health insurance information, including claims history.Benefits planning and administration.
          Financial information, including bank account number.Compensation and benefits administration.
          Medical Information, including medical history, mental or physical condition, or treatment.Assessing your fitness for work, and other occupational medicine purposes (including work-related injury and illness).
          Demographic Information protected under California or federal law, such as race, gender, disability, and religion.Filing of state or federal government-mandated reports. Evaluating diversity and inclusion initiatives.
          Job history, professional skills, and educational background.Management of your job performance.
          Internet activity on Company computers or Company phones, such as browsing history and search history.Monitoring and securing Company systems, networks, databases, confidential information, equipment, facilities. Management of your job performance.
          Geolocation data, photographs, or audio recordings (e.g., a recording of a customer service call or employee profile photograph).Management of your job performance.

          Website Visitors

          Categories of PI CollectedSources of PIPurposes for Collecting or Sharing PIThird Parties to Whom We Disclose PIThird Parties to Whom We Sell PI
          IdentifiersWebsite visitorFor our everyday business purposes such as to process your requests, inquiries, or other communications. To process and manage your purchases, transactions, and payments with us. Ad impressions and determining unique visitors to our website. To help maintain the security of our website and business, and to detect security incidents and other fraudulent activity. To monitor and improve our website functionality and personalize your website experience. For marketing purposes, to deliver content and product and service offerings, including targeted ads.– Miller Electric LLC
          – Hobart Filler Metals
          – Two Rivers Marketing
          – Hanson Dodge
          – Commer Group
          – Configure One
          – Microsoft
          – EMMA
          – Google
          – Facebook
          – LinkedIn
          – YouTube
          – Qualtrics
          – AddThis
          N/A
          Commercial InformationWebsite visitorFor our everyday business purposes such as to process your requests, inquiries, or other communications.– Miller Electric LLC
          – Hobart Filler Metals
          N/A
          Network Activity DataWebsite visitorAd impressions and determining unique visitors to our website. To help maintain the security of our website and business, and to detect security incidents and other fraudulent activity. To monitor and improve our website functionality and personalize your website experience. For marketing purposes, to deliver content and product and service offerings, including targeted ads.– Miller Electric LLC
          – Hobart Filler Metals
          – Two Rivers Marketing
          – Hanson Dodge
          – Commer Group
          – Configure One
          – Microsoft
          – EMMA
          – Google
          – Facebook
          – LinkedIn
          – YouTube
          – Qualtrics
          – AddThis
          N/A
          InferencesWebsite visitorFor marketing purposes, to deliver content and product and service offerings, including targeted ads.– Miller Electric LLC
          – Hobart Filler Metals
          – Two Rivers Marketing
          – Hanson Dodge
          – Commer Group
          – Configure One
          – Microsoft
          – EMMA
          – Google
          – Facebook
          – LinkedIn
          – YouTube
          – Qualtrics
          – AddThis
          N/A

          Customer Service Communications

          Categories of PI CollectedSources of PIPurposes for Collecting or Sharing PIThird Parties to Whom We Disclose PIThird Parties to Whom We Sell PI
          IdentifiersCustomerTo process and manage warranty claims or recalls. To process and manage your purchases, transactions, and payments with us. To process requests for technical support. To process requests for CAD models. For marketing purposes, to deliver content and product and service offerings, including targeted ads.– Miller Electric LLC
          – Hobart Filler Metals
          – Two Rivers Marketing
          – Hanson Dodge
          – Commer Group
          – Configure One
          – Microsoft
          – EMMA
          – Google
          – Facebook
          – LinkedIn
          – YouTube
          N/A
          Financial InformationCustomerTo process and manage your purchases, transactions, and payments with us.– Miller Electric LLC
          – Hobart Filler Metals
          N/A
          Commercial InformationCustomerTo process and manage warranty claims or recalls. To process pricing requests– Miller Electric LLC
          – Hobart Filler Metals
          N/A

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              Social Media Disclaimer for YouTube

              Tregaskiss YouTube Guidelines

              Thank you for visiting our YouTube page. The Tregaskiss YouTube page is intended for informational purposes only. By participating on this YouTube page, you agree to comply with the following guidelines.

              We welcome your thoughts and comments on the posts, photos and other items that we place on the page, but we won’t be able to reply to product or service issues through YouTube. If you would like to discuss customer service or any other issue, please contact us by email at info@tregaskiss.com or call 1-519-737-3000

              Visitors to this YouTube page 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 YouTube, including on its web pages, message boards and groups or otherwise communicated through it, other than the content provided by Miller Electric Welders, are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of Miller Electric Welders. Tregaskiss is not responsible for content that third parties publish, post, upload, distribute, disseminate or otherwise transmit via YouTube.  

              Tregaskiss does not warrant the accuracy, completeness or usefulness of the information available on this YouTube page. Nothing contained in or provided through this YouTube page is intended to constitute advice or to serve as a substitute for the advice of a welding professional.  Any reliance you place on such information is strictly at your own risk. We may include links to other web pages, but these links are not an endorsement of those pages.  Tregaskiss is not responsible for the content of any web site not operated by Miller Electric Welders. 

              All opinions and comments should contribute to the dialog. Tregaskiss 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 this YouTube page 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 this YouTube page 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 this YouTube page 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 e-mail 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 YouTube page or that you have an obligation to keep confidential; (8) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the YouTube page, or which, as determined by Miller Electric Welders, may harm Tregaskiss or visitors to this YouTube page or expose them to liability.

              Tregaskiss reserves the right, but does not assume any responsibility, to edit or delete any material it deems inappropriate for this YouTube page and its visitors or terminate any user’s ability to access this YouTube page. However, Tregaskiss can neither review all material that is posted on the page nor ensure prompt removal of objectionable material. Accordingly, Tregaskiss assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Tregaskiss has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

              Your failure to comply with theses guidelines may result in the termination of your access to this YouTube page.

              UNDER NO CIRCUMSTANCES WILL TREGASKISS BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMMISSIONS IN THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT COMMUNICATED ON THIS YOUTUBE PAGE, WHETHER BY TREGASKISSOR A THIRD PARTY. IN NO EVENT SHALL TREGASKISSBE 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 THIS YOUTUBE PAGE.

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                  Social Media Disclaimer for LinkedIn

                  Tregaskiss LinkedIn Disclaimer

                  Thank you for visiting our LinkedIn page. The Tregaskiss LinkedIn page is intended for informational purposes only. By participating on this LinkedIn page, you agree to comply with the following guidelines.

                  We welcome your thoughts and comments on the photos, products and other items that we place on the page, but we won’t be able to reply to product or service issues through LinkedIn. If you would like to discuss customer service or any other issue, please contact us by email at info@tregaskiss.com

                  Visitors to this LinkedIn page may recommend our products. Any content, views, opinions and/or responses to questions uploaded, expressed or submitted by the creators, sponsors, advertisers or users of LinkedIn, other than the content provided by Tregaskiss, are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of Tregaskiss.   Tregaskiss is not responsible for content that third parties publish, post, upload, distribute, disseminate or otherwise transmit via LinkedIn.

                  Tregaskiss does not warrant the accuracy, completeness or usefulness of the information available on this LinkedIn page. Nothing contained in or provided through this LinkedIn page is intended to constitute advice or to serve as a substitute for the advice of a welding professional, including without limitation any safety guidelines, resources or precautions related to the installation, operation, maintenance or repair of Tregaskiss equipment or any other information related to safety that may be available on through this page. Any reliance you place on such information is strictly at your own risk. We may include links to other web pages, but these links are not an endorsement of those pages. Tregaskiss is not responsible for the content of any web site not operated by Tregaskiss. 

                  All opinions and comments should contribute to the dialog. Tregaskiss 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 this LinkedIn page any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright or other intellectual property rights, without permission from the copyright or other applicable intellectual property owner; (2) use this LinkedIn page 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 this LinkedIn page 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 e-mail 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 LinkedIn page or that you have an obligation to keep confidential; (8) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the LinkedIn page, or which, as determined by Tregaskiss, may harm Tregaskiss or visitors to this LinkedIn page or expose them to liability.

                  Tregaskiss reserves the right, but does not assume any responsibility, to edit or delete any material it deems inappropriate for this LinkedIn page or terminate any user’s ability to access this LinkedIn page. However, Tregaskiss can neither review all material that is posted on the page nor ensure prompt removal of objectionable material. Accordingly, Tregaskiss assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Tregaskiss has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

                  Your failure to comply with these guidelines or any LinkedIn terms or policies may result in the termination of your access to this LinkedIn page.

                  UNDER NO CIRCUMSTANCES WILL TREGASKISS BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE CONTENT, OR FOR ANY INJURY, DEATH, LOSS OR DAMAGE OF ANY KIND SUSTAINED BY ANY PERSON AS A RESULT OF ANY CONTENT COMMUNICATED ON THIS LINKEDIN PAGE, WHETHER BY TREGASKISS OR A THIRD PARTY. IN NO EVENT SHALL TREGASKISS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE 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 THIS LINKEDIN PAGE.  

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                      Social Media Disclaimer for Facebook

                      Tregaskiss Facebook Guidelines

                      Thank you for visiting our Facebook page. The Tregaskiss Facebook page is intended for informational purposes only. By participating on this Facebook page, you agree to comply with the following guidelines.

                      We welcome your thoughts and comments on the posts, photos and other items that we place on the page, but we won’t be able to reply to product or service issues through Facebook. If you would like to discuss customer service or any other issue, please contact us by email at info@tregaskiss.com or call 1-519-737-3000. 

                      All official Tregaskiss material placed on Facebook will be identified with a Tregaskiss profile photo. Visitors to this Facebook page 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 Facebook, including on its “walls,” web pages, message boards and groups or otherwise communicated through it, other than the content provided by Tregaskiss, are solely the views, opinions and responsibility of the person submitting them and do not necessarily reflect the opinions of Tregaskiss. Tregaskiss is not responsible for content that third parties publish, post, upload, distribute, disseminate or otherwise transmit via Facebook.  

                      Tregaskiss does not warrant the accuracy, completeness or usefulness of the information available on this Facebook page. Nothing contained in or provided through this Facebook page is intended to constitute advice or to serve as a substitute for the advice of a welding professional. Any reliance you place on such information is strictly at your own risk. We may include links to other web pages, but these links are not an endorsement of those pages.  Tregaskiss is not responsible for the content of any web site not operated by Tregaskiss. 

                      All opinions and comments should contribute to the dialog. Tregaskiss 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 this Facebook page 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 this Facebook page 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 this Facebook page 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 e-mail 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 Facebook page or that you have an obligation to keep confidential; (8) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Facebook page, or which, as determined by Tregaskiss, may harm Tregaskiss or visitors to this Facebook page or expose them to liability.

                      Tregaskiss reserves the right, but does not assume any responsibility, to edit or delete any material it deems inappropriate for this Facebook page and its visitors or terminate any user’s ability to access this Facebook page. However, Tregaskiss can neither review all material that is posted on the page nor ensure prompt removal of objectionable material. Accordingly, Tregaskiss assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Tregaskiss has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

                      Your failure to comply with theses guidelines may result in the termination of your access to this Facebook page.

                      UNDER NO CIRCUMSTANCES WILL TREGASKISS BE RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY CONTENT, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMMISSIONS IN THE CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ANY CONTENT COMMUNICATED ON THIS FACEBOOK PAGE, WHETHER BY TREGASKISS OR A THIRD PARTY. IN NO EVENT SHALL TREGASKISS 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 THIS FACEBOOK PAGE.

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