Effective Date / Date Last Modified: January 24, 2023

This User-Generated Content License Agreement (“Agreement”) is between Tregaskiss, a division of ITW Canada Inc. (“Tregaskiss”) and Bernard, a division of Miller Electric Mfg. LLC (“Bernard’). (collectively, “Tregaskiss and Bernard”, “we”, “our”, or “us”) and you or the organization you represent (“you” or “your”). ITW Canada Inc. and Miller Electric Mfg. LLC are each wholly owned by Illinois Tool Works Inc. (“ITW”). This Agreement is incorporated into Tregaskiss and Bernard ’s Terms of Use. In the event there is a conflict between the Terms of Use and this Agreement, this Agreement shall govern with respect to the conflicting provision.

We appreciate your submission of User Content (as defined below) to our websites or social media sites and believe others would benefit from it too. We sometimes reach out to social media users like you to seek permission to repost or feature User Content on our websites, social media channels, retailers’ websites, and on other Licensed Parties’ (defined below) media sites. Tregaskiss and Bernard are hereby requesting your permission to use your User Content in accordance with this Agreement. “User Content” refers to your comments, tweets, posts, photos, pictures, images, videos, materials or other user-generated content or information that you posted, created, and/or uploaded to one of the Licensed Parties’ websites or social media sites.

BY REPLYING TO OUR REQUEST WITH THE HASHTAG #YESTREGASKISSWELDS OR #YESBERNARDWELDS, YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL TERMS OF THIS AGREEMENT.

BY RESPONDING TO OUR REQUEST FOR PERMISSION IN AN AFFIRMATIVE MANNER AS DESCRIBED ABOVE, INCLUDING REPLYING WITH THE CAMPAIGN OR SPECIFIC HASHTAG NOTED IN THE POST, YOU ARE AFFIRMING THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ALONE CREATED OR OWN THE USER CONTENT AND NO ONE ELSE HAS ANY RIGHTS TO IT OR COULD CLAIM THEY OWN IT OR THAT IT INFRINGES ON RIGHTS OF OTHERS. ALSO, IF THERE ARE OTHER PEOPLE APPEARING IN THE USER CONTENT OTHER THAN YOURSELF, YOU ARE AFFIRMING THEY ARE OVER 18 YEARS OF AGE.

Additionally, you represent and warrant that:

• You own all copyright in the User Content, including the rights to any photograph, image or clip within your User Content;
• You have full power and authority to agree to and enter into this Agreement;
• The User Content is your own original creation (not taken from another website, social media posting, or elsewhere) and does not contain anything that violates the rights of any person or entity;
• The User Content does not contain personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers);
• The User Content does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you or Tregaskiss and/or Bernard;
• The User Content does not contain anything illegal, defamatory, false or misleading, obscene or offensive;
• The User Content does not contain any advertising or promotional material or promote any product, service or other commercial activity, other than the product and/or services of Tregaskiss and/or Bernard;
• The User Content does not contain harmful material such as malware, viruses, time bombs, and other computer programming routines that could damage or interfere with Tregaskiss’s or Bernard’s systems, programs, data, or platforms;
• You have obtained the consent or permission from any person(s) appearing in the User Content (or owning any rights in the User Content or anything appearing therein) to provide us with the rights to use the User Content as described in this Agreement;
• Your upload or post of the User Content does not violate any applicable laws or the terms or requirements of the social media platform(s) where you uploaded or posted the User Content;
• The Licensed Parties’ use of your User Content as described in this Agreement will not violate the rights of any person or entity and will not violate any law;
• You confirm and agree that the Licensed Parties’ use of your User Content as described in this Agreement does not and shall not require any payment to any person or entity and does not require license, authorization, approval or consent by any other person or entity; and
• You have read and you agree to comply with all of the terms and conditions in this Agreement.

By replying with the acceptance hashtag, you hereby grant to Tregaskiss and Bernard and their related companies, affiliates (anywhere in the world), agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and their respective retail partners, marketing or public relations agencies, and other third-party service providers (collectively, the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, freely transferable and sublicensable right to publish, release, exhibit, republish, transmit, modify, distribute, print, post, create derivative works from, and otherwise use your User Content in connection with Licensed Parties’ business and any advertising, sales and marketing activities to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known, with or without your username, real name, image, likeness, voice, descriptions of you, location, or other identifying information, and/or to incorporate them in other works in any form, media or technology now known or developed in the future.

You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location, or other identifying information, including but not limited to your voice, in connection with any use of your User Content.

You irrevocably and unconditionally grant to the Licensed Parties all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the User Content and the rights you are granting us under this Agreement. If requested, you agree to sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to the Licenses Parties under this Agreement.

You irrevocably and unconditionally waive (and agree not to enforce) all rights in the User Content, including without limitation any moral rights or equivalent rights which you may otherwise have under any laws now existing, or which become law in the future in any part of the world. You have no right of approval or inspection and you are not entitled to any compensation.

Whether the Licensed Parties choose to use the User Content or not is solely our choice. The Licensed Parties have no obligation to use the User Content and they may remove or stop using any User Content at any time, for any reason. Use of the User Content does not imply our endorsement of or any affiliation with you. Except as otherwise provided herein, you will continue to own the User Content. By accepting the terms of this Agreement, you are waiving the right to approve how the Licensed Parties will use or edit your User Content. For example, the Licensed Parties may in their sole discretion use your User Content alone on in conjunction with artwork depicted or materials written or provided by us or by others, or edited to change the User Content. While the Licensed Parties will make commercially reasonable efforts to give you credit for your User Content if they use it, you agree that such credit is not mandatory and your permission for us to use your User Content is not contingent upon such credit being given or any fees being paid to you.

By accepting this Agreement pursuant to the method set forth above, you hereby release the Licensed Parties that use your User Content, from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of use of your User Content or the subject matter therein as contemplated by this Agreement

THIS TERM DOES NOT APPLY TO RESIDENTS OF QUEBEC, CANADA: YOU ACKNOWLEDGE AND AGREE TO GRANT THE LICENSED PARTIES THE RIGHTS SET FORTH IN THIS AGREEMENT AT YOUR OWN RISK. THE LICENSED PARTIES DO NOT MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW..

If you don’t agree to these terms, please do not grant your acceptance pursuant to the process outlined above.

Tregaskiss and Bernard reserve the right to modify this Agreement at any time without prior notice (“Updated Agreement”). You agree that we may notify you of the Updated Agreement by posting it on our website so that it is accessible via a link, and that your use of our website after we post the Updated Agreement (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Agreement. Therefore, you should review this Agreement on a regular and frequent basis. The Updated Agreement will be effective as of the time that Tregaskiss and Bernard post it on our website or such later date as may be specified in it. The parties have expressly requested that this Agreement and all other related documents be drawn up in the English language. Les parties ont convenu expressément que la présente entente et tous les documents s’y rapportant soient rédigés en anglais.

Thanks again and please contact us at digitalmarketing@itwwelds.com if you have any questions.

These Social Media Terms of Use (the “Social Media Terms of Use”) are applicable to all communications, content and forums made available to you on Internet-based and electronic social media, including without limitation, Facebook, Twitter, Snapchat, Instagram, YouTube, and any other interactive websites, comment boards, blogs or “chat” forums (collectively, the “Social Media Forums”) through a registered account owned by Tregaskiss, a division of ITW Canada Inc., and Bernard, a division of Miller Electric Mfg. LLC (“Tregaskiss and Bernard” or “we”). You should read these terms before participating or submitting to Tregaskiss or Bernard any content on a Social Media Forum, and by participating in our Social Media Forums you agree to be bound by the Social Media Terms of Use.

UNDER NO CIRCUMSTANCES WILL TREGASKISS, BERNARD OR ANY OF THEIR RESPECTIVE AFFILIATED ENTITIES BE RESPONSIBLE OR LIABLE IN ANY WAY FOR (A) ANY CONTENT OR IMAGES, INCLUDING BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN THE CONTENT OR IMAGES, OR FOR ANY INJURY, DEATH, LOSS OR DAMAGE OF ANY KIND SUSTAINED BY ANY PERSON AS A RESULT OF ANY CONTENT OR IMAGES COMMUNICATED ON THE SOCIAL MEDIA FORUMS, WHETHER SUCH CONTENT OR IMAGES IS POSTED BY TREGASKISS, BERNARD OR A THIRD PARTY AND (B) 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, RELIANCE ON OR PERFORMANCE OF ANY INFORMATION COMMUNICATED ON THE SOCIAL MEDIA FORUMS.

1. Content on the Social Media Forums

We will use commercially reasonable efforts to upload a Tregaskiss and/or Bernard profile photo or other identifying name or logo for all official Tregaskiss and Bernard accounts on Social Media Forums.
You understand and agree that no content made available to you through a Social Media Forum is intended to constitute advice or to serve as a substitute for the advice of a professional, including without limitation, any safety guidelines, resources or precautions related to the installation, operation, maintenance or repair of Tregaskiss’ or Bernard’s equipment or any other information related to any applicable safety or regulatory requirements, even if posted by Tregaskiss or Bernard. Any reliance you place on such information is strictly at your own risk.

In addition, you understand that we may include links to third-party webpages on a Social Media Forum, but these links are not an endorsement of those pages and Tregaskiss and Bernard are not responsible for the content of any website or account not owned and operated by Tregaskiss or Bernard.

You further understand that other visitors to a Social Media Forum may post content, views, opinions, responses to questions, opinions or other content in reaction to our materials (collectively, “Third-Party Content”). You understand and agree that such Third-Party Content represents the views and opinions of and are solely the responsibility of the person submitting such content and do not necessarily reflect the opinions of Tregaskiss or Bernard. YOU UNDERSTAND AND AGREE THAT TREGASKISS AND BERNARD ARE NOT RESPONSIBLE FOR ANY THIRD-PARTY CONTENT PUBLISHED, POSTED, UPLOADED, DISTRIBUTED, DISSEMINATED OR OTHERWISE TRANSMITTED BY A THIRD PARTY VIA THE SOCIAL MEDIA FORUMS.

Tregaskiss and Bernard reserve the right, but does not assume any responsibility, to edit or delete any Third-Party Content it deems inappropriate for a Social Media Forum and cannot ensure prompt removal of objectionable material. Tregaskiss and Bernard have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

TREGASKISS AND BERNARD DO NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE INFORMATION AVAILABLE ON THE SOCIAL MEDIA FORUMS. ALTHOUGH WE WILL USE COMMERCIALLY REASONABLE EFFORTS TO POST ACCURATE INFORMATION, INCLUDING INFORMATION REGARDING LOCATIONS AND PLACES WHERE YOU CAN MEET US, WE CANNOT GUARANTEE ALL INFORMATION WILL BE COMPLETELY ACCURATE OR UP-TO-DATE.

2. Your Obligations

We welcome your thoughts and comments on the posts, photos, videos, reels and other items that we post to the Social Media Forums, but we are not responsible for replying to any of your comments or questions, including but not limited to, product, support or service issues through the Social Media Forums. If you would like to discuss a customer service issue or question, or make a purchase, you should contact us by email at cs@itwmig.com.

All content you post should contribute to the dialog or relate to the content posted by us. Tregaskiss and Bernard do not condone any form of harassment, written attacks, insults, vulgarity or indecency whether perpetrated in writing or the transmission of images or videos. You agree not to do any of the following: (1) upload to or transmit using any Social Media Forum any defamatory, indecent, obscene, harassing, violent or otherwise objectionable material, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use any Social Media Forum to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) misrepresent an affiliation with any person or organization; (4) upload to or transmit on any Social Media Forum any advertisements or solicitations of business; (5) upload or otherwise transmit files that contain a virus or corrupted data; (6) collect information about others (including email addresses) without their consent; (7) upload files or photos or include in a comment links that you know, or have reason to believe, cannot be distributed legally using the Social Media Forums or that you have an obligation to keep confidential; or (8) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Social Media Forums, or which, as determined by Tregaskiss or Bernard, may harm Tregaskiss, Bernard or visitors to the Social Media Forums or expose them to liability.

Your failure to comply with these Social Media Terms of Use may result in the termination of your access to one or more of Tregaskiss’ and/or Bernard’s Social Media Forums.

Last updated January 24, 2023 at Tregaskiss, 2570 North Talbot Road, Windsor, ON, N0R 1L0

(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.

Limited Warranty

Seller’s 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”), Seller will, at Seller’s option and as Seller’s 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 Seller is promptly notified in writing upon discovery of such failure with a detailed explanation of any alleged deficiencies; (ii) Seller is given a reasonable opportunity to investigate all claims; and (iii) Seller’s 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 Seller 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 Seller by claimant, warranty coverage will be determined by Seller, 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 Seller 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 Seller or contemplated under the Product documentation; or (3) Products which have not been operated, maintained, and repaired pursuant to Product documentation provided by Seller. Purchaser shall pay Seller for all warranty claim costs incurred by Seller (including inspection, labor, parts, testing, scrap and freight) due to warranty claims submitted by Purchaser which are not covered by Seller’s Warranty.

PRODUCT	WARRANTY 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® Clean Air™ Fume Extraction MIG Guns	180 days
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

Service Warranty

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

Limitation of Liability and Remedies

SELLER WILL NOT BE LIABLE, AND PURCHASER WAIVES ALL CLAIMS AGAINST SELLER, FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, DOWN TIME, LOST PROFITS OR COMMERCIAL LOSSES, WHETHER OR NOT BASED UPON SELLER’S NEGLIGENCE OR BREACH OF WARRANTY OR STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL SELLER’S LIABILITY IN CONNECTION WITH THE AGREEMENT OR SALE OF SELLER’S 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, SELLER MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE).

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Revised April 11, 2024

Effective September 19 ,2023

1. Acceptance. Bernard and Tregaskiss (together “Seller”) are selling products (“Products”) and/or services (“Services”) and the customer purchasing from Seller is referred to as “Purchaser”. These terms and conditions of sale (“Terms”), any Seller quotation, acknowledgment or invoice and all documents incorporated by specific reference herein or therein (“Seller Documents” and together with these Terms, the “Agreement”), constitute the complete terms governing the sale of Products and Services. SELLER 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 Seller clicks on an “ok,” “I accept,” or similar acknowledgment. Commencement of any work by Seller 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 Seller 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 Seller; (b) Seller 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. Seller may refuse orders and has no obligation to supply Products or Services unless Seller 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 Seller’s 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 Seller is subsequently required to pay any Fees, Purchaser shall fully defend and indemnify Seller therefor. Terms of payment are 30 days net from the date of Seller’s invoice. Overdue invoices will incur interest at the rate of 1.5% per month, or at the maximum rate allowable by governing law. If Purchaser fails to make payment within [120 days] from the date of Seller’s invoice, Seller reserves the right to suspend Purchaser’s account (including any open purchase orders) until such invoice is paid. 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 Seller 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 Seller.  Please contact Seller’s 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 Seller. Seller may invoice Purchaser and recover for each shipment as a separate transaction. If, in Seller’s sole judgment, Purchaser’s financial condition is or becomes unsatisfactory, then Seller 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. Orders. A purchase order shall only be deemed accepted if it includes the following information: purchase order number; account number; ship to information (identifying the Purchaser’s location code does not suffice); part numbers in Seller’s format; quantity of each part ordered; parts ordered by each and sold in standard packs; information from Purcahser regarding carrier account used, valid carrier account number (if not included, Seller resreves right to change or prepay); and complete shipping instructions and forwarder informantion (if required). Only accepted purchase orders will receive a purchase order confirmation from Seller.

6. Cancellation or Modification. Once Seller 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 Seller’s 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, including, but not limited to, a 25% restocking fee. No cancellations will be permitted for any non-standard or custom Products, or Products which cannot be configured online. Seller reserves the right to cancel any purchase order, in whole or in part, upon notice to Purchaser.

7. Inspection / Non-Conforming Shipments. Purchaser may inspect Products for a period of 15 business days after delivery (“Inspection Period”). Purchaser must notify Seller in writing of any nonconforming Products within the Inspection Period and afford Seller a reasonable opportunity to inspect such Products and cure any nonconformity. If Purchaser fails to provide Seller such written notice within the Inspection Period, Purchaser will be deemed to have accepted the Products. Purchaser may not return any Product without Seller’s 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 Seller must be made in accordance with Seller’s return policies. Purchaser will be responsible for all costs associated with returns of Products and will bear the risk of loss, unless Seller 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. 

8. Delivery. Shipping dates are approximate and are based upon prompt receipt of all necessary information from Purchaser. Seller may ship items in a single or multiple shipments. In the event Seller receives multiple orders from Purchaser, Seller rserves the right to ship such orders in multiple same-day shipments provided, however, that if Purchaser marks the orders “ship as complete Seller shall consolidate orders into one shipment. Purchaser must notify Seller and the delivering carrier within 5 business days from receipt of Products, of any damage or shortage, and afford Seller a resonable opporutnity 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 soley against the carrier.

9. Transfer or Title. Seller 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). 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.

10. Limited Warranty. Seller’s 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”), Seller will, at Seller’s option and as Seller’s 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 Seller is promptly notified in writing upon discovery of such failure with a detailed explanation of any alleged deficiencies; (ii) Seller is given a reasonable opportunity to investigate all claims; and (iii) Seller’s 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 Seller 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 Seller by claimant, warranty coverage will be determined by Seller, 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 Seller 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 Seller or contemplated under the Product documentation; or (3) Products which have not been operated, maintained, and repaired pursuant to Product documentation provided by Seller. Purchaser shall pay Seller for all warranty claim costs incurred by Seller (including inspection, labor, parts, testing, scrap and freight) due to warranty claims submitted by Purchaser which are not covered by Seller’s Warranty.

PRODUCT	WARRANTY 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

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

12. Limitation of Liability and Remedies. SELLER WILL NOT BE LIABLE, AND PURCHASER WAIVES ALL CLAIMS AGAINST SELLER, FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, DOWN TIME, LOST PROFITS OR COMMERCIAL LOSSES, WHETHER OR NOT BASED UPON SELLER’S NEGLIGENCE OR BREACH OF WARRANTY OR STRICT LIABILITY IN TORT OR ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL SELLER’S LIABILITY IN CONNECTION WITH THE AGREEMENT OR SALE OF SELLER’S 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, SELLER MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE).

13. Training. All users of the Products are required to read and adhere to the applicable user manuals and safety instructions. Purchaser shall indemnify Seller 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. Seller may provide Purchaser with training upon request, provided, however, any training provided by Seller will not affect Purchaser’s obligations set forth above.

14. 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 Seller’s Products, Seller 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 Seller believes to be reliable, but they are not guaranteed.

15. 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 Seller and all rights therein (collectively, “Intellectual Property”) will remain the property of Seller 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 Seller upon request from Seller. 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 Seller’s Products or receive the Services purchased from Seller.

16. Use of Trademarks and Trade Names. Purchaser shall not use, directly or indirectly, in whole or in part, Seller’s name, or any other trademark or trade name that is now or may hereafter be owned by Seller (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 Seller in writing. Purchaser hereby acknowledges Seller’s 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 Seller. 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 Seller with respect to any efforts of Seller to protect, defend or enforce its rights to the Trademarks. Should Purchaser cease being an authorized customer of Seller for any reason, Purchaser shall immediately discontinue any formerly permitted use of Seller’s name or the Trademarks.

17. Confidential Information. All information furnished or made available by Seller 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 Seller’s 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 Seller; or (c) is legally made available to Purchaser by or through a third party having no direct or indirect confidentiality obligation to Seller with respect to such information.

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

19. Infringement and Indemnification. Except as set forth below, Seller 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 Seller’s proprietary Product to Purchaser as such pertains to the subject matter of the Agreement (each, a “Claim”); provided, however, (a) Purchaser supplies Seller written notice of such Claim immediately after the Purchaser has notice of such Claim, (b) Purchaser cooperates with Seller in the defense and settlement of such Claim, and (c) Purchaser allows Seller the right to defend and settle such Claim at Seller’s expense. If a suit or claim results in any injunction or order that would prevent Seller 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 Seller, otherwise cause Seller to be unable to supply such parts or Products, Seller may do one or more of the following: (i) secure an appropriate license to permit Seller 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 Seller cannot reasonably accomplish the actions specified in subsections (i) – (iii), then in Seller’s sole discretion, Seller may discontinue selling the part or Product without any further liability to Purchaser. Notwithstanding the foregoing, Seller 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 Seller, or (3) any part or Product or process that is designed or specified by Purchaser.

20. Seller Employees. Seller 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 Seller or such Seller employees.

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

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

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

C. Purchaser shall provide Seller 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. Seller may refuse, without any liability, to provide Services, and allow Seller service personnel to suspend Services or vacate any site where, in Seller’s 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 Seller’s 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 Seller’s service personnel.

22. 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.

23. 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.

24. Force Majeure. Seller 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 Seller’s 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 Seller to perform.

25. 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 Seller’s prior written consent. Any attempted assignment will be void. Seller 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.

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

27. 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.

28. 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.

29. 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.

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

31. Integration and Modification. The Agreement constitutes the entire agreement between Seller 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.

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CONTACT

Tregaskiss	Bernard	Customer Service
2570 North Talbot Road Windsor, Ontario  N0R 1L0 Phone: 519-737-3000	449 West Corning Road Beecher, Illinois  60401 Phone: 708-946-2281	Phone: 1-855-MIGWELD (644-9353) Email: cs@itwmig.com Toll-Free Fax Orders: 1-877-737-2111 or 1-888-946-6726

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Tregaskiss, a division of ITW Canada Inc. (“Tregaskiss”) and Bernard, a division of Miller Electric Mfg. LLC (“Bernard’) (collectively,“Tregaskiss and Bernard”, “we“, “us” or “our”), respect your personal privacy and is committed to adhering to the applicable privacy and data protection laws and industry guidelines, including the EU General Data Protection Regulation (“GDPR”). ITW Canada Inc. and Miller Electric Mfg. LLC are each wholly owned by Illinois Tool Works Inc. (“ITW”).This cookie notice (“Cookie Notice”) and our Website 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 Barnard 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 recognize 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 and Bernard 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. This list may be modified and updated from time to time.

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

Category: Necessary (15)

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 Name	Cookie Purpose	Provider	Type	Expiry
bscookie	This cookie is used to identify the visitor through an application. This allows the visitor to login to a website through their LinkedIn application for example.	linkedin.com	HTTP	1 year
_cf_bm	This 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	experience.milllerwelds.com	HTTP	1 day
CookieConsent	Stores the user’s cookie consent state for the current domain.	tregaskiss.com, configuremygun. tregaskiss.com	HTTP	1 year
cookietest	This cookie is used to determine if the visitor has accepted the cookie consent box.	tregaskiss.com	HTTP	Session
_ce.cch	Stores the user’s cookie consent state for the current domain.	tregaskiss.com	HTTP	Session
_ce_successful_csp_check	Detects whether user behavior tracking should be active on the website.	script.crazyegg.com	HTML	Persistent
BIGipServer#	Used to distribute traffic to the website on several servers in order to optimise response times.	experience.millerwelds.com	HTTP	Session
_grecaptcha	This 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	gstatic.com	HTML	Persistent
JSESSIONID	Preserves users states across page requests.	configuremygun.tregaskiss.com	HTTP	Session
li_gc	Stores the user’s cookie consent state for the current domain.	linkedin.com	HTTP	180 days
rc::a	This 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.	gstatic.com	HTML	Persistent
rc::b	This cookie is used to distinguish between humans and bots.	gstatic.com	HTML	Session
rc::c	Used 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.	gstatic.com	HTML	Session
rc::d-15#	This cookie is used to distinguish between humans and bots.	gstatic.com	HTML	Persistent

Category: Preferences (0)

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.

Name	Provider	Purpose	Type	Expiry
—	—	—	—	—

Category: Statistics (20)

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

Name	Purpose Description	Provider	Type	Expiry
_ce.clock_data	Collects 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.com	HTTP	1 day
_ce.clock_event	Collects data on the user’s navigation and behavior on the website.	tregaskiss.com	HTTP	1 day
_ce.gtld	Holds which URL should be presented to the visitor when visiting the site.	tregaskiss.com	HTTP	Session
_ce.s	Collects dataon the user’s navigation and behavior on the website. This is used to compile statistical reports and heatmaps for the website owner.	tregaskiss.com	HTTP	1 year
_ga	Registers a unique ID that is used to generate statistical data on how the visitor uses the website.	tregaskiss.com	HTTP	399 days
_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.com	HTTP	399 days
_gat	Used by Google Analytics to throttle request rate.	tregaskiss.com	HTTP	1 day
_gid	Registers a unique ID that is used to generate statistical data on how the visitor uses the website.	tregaskiss.com	HTTP	1 day
AnalyticsSyncHistory	Used in connection with data-synchronization with third-party analysis service.	linkedin.com	HTTP	30 days
ce_fvd	Collects data on the user’s navigation and behavior on the website. This is used to compile statistical reports and heatmaps for the website owner.	script.crazyegg.com	HTML	Persistent
cebs	Tracks 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.com	HTTP	Session
cebsp_	Collects 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.com	HTTP	Session
cetabid	Sets a unique ID for the session. This allows the website to obtain data on the visitor behavior for statistical purposes.	script.crazyegg.com	HTML	Session
collect	Used to send data to Google Analytics about the visitor’s device and behavior. Tracks the visitor across devices and marketing channels.	google-analytics.com	Pixel	Session
History.store	Contains a visitor ID – This is used to track visitors’ navigation and interaction on the website for internal website-optimization.	configuremygun.tregaskiss.com	HTML	Session
Q_INTER	Collects 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.com	HTML	Persistent
QSI_ActionSetHistory	Assigns a specific ID to the visitor. This allows the website to determine the number of specific user-visits for analysis and statistics.	tregaskiss.com	HTML	Persistent
QSI_History	Used to detect whether the user has responded to surveys presented on the website. The purpose of the surveys are website optimization.	qualtrics.com	HTML	Persistent
QSI_HistorySession	This cookie is used to determine when the visitor last visited the different subpages on the website.	qualtrics.com	HTML	Session
td	Registers statistical data on users’ behavior on the website. Used for internal anyalytics by the website operator.	googletagmanager.com	Pixel	Session

   
Category: Marketing (34)

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 Name		Cookie Purpose	Provider	Type	Expiry
_fbp		Used by Facebook to deliver a series of advertisement products such as real time bidding from third party advertisers.	tregaskiss.com	HTTP	3 months
_gcl_au		Used by Google AdSense for experimenting with advertisement efficiency across websites using their services.	tregaskiss.com	HTTP	3 months
_GRECAPTCHA		This 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.	google.com	HTTP	180 days
ads/ga-audiences		Used 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.com	Pixel	Session
bcookie		Used by the social networking service, LinkedIn, for tracking the use of embedded services.	linkedin.com	HTTP	1 year
IDE		Used 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.net	HTTP	1 year
iU5q-!O9@$		Registers a unique ID to keep statistics of what videos from YouTube the user has seen.	youtube.com	HTML	Session
LAST_RESULT_ENTRY_KEY		Used to track user’s interaction with embedded content.	youtube.com	HTTP	Session
lastExternalReferrer		Detects how the user reached the website by registering their last URL-address.	connect.facebook.net	HTML	Persistent
lastExternalReferrerTime		Detects how the user reached the website by registering their last URL-address.	connect.facebook.net	HTML	Persistent
li_sugr		Collects data on user behavior and interaction in order to optimize the website and make advertisement on the website more relevant.	linkedin.com	HTTP	3 months
lidc		Used by the social networking service, LinkedIn, for tracking the use of embedded services.	linkedin.com	HTTP	1 day
nextId		Used to track user’s interaction with embedded content	youtube.com	HTTP	Session
pagead/landing		Collects 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, googlesyndication.com	Pixel	Session
pagead/1p-user-list/#		Tracks if the user has shown interest in specific products or events across multiple websites and detects howthe user navigates between sites. This is ued for measurement of advertisement efforts and facilities payment of referral-fees between websites.	google.com	Pixel	Session
rc::f		This cookie is used to distinguish between humans and bots.	gstatic.com	HTML	Persistent
remote_sid		Necessary for the implementation and functionality of YouTube video-content on the website.	youtube.com	HTTP	Session
ServiceWorkLogsDatabase#SWHealthLog		Necessary for the implementation and functionality of YouTube video-content on the website.	youtube.com	IndxedDB	Persistent
test_cookie		Used to check if the user’s browser supports cookies.	doubleclick.net	HTTP	1 day
TESTCOOKIESENABLED		Used to track user’s interaction with embedded content.	youtube.com	HTTP	1 day
UserMatchHistory		Used to track visitors on multiple websites, in order to present relevant advertisement based on the visitor’s preferences.	linkedin.com	HTTP	30 days
VISITOR_INFO1_LIVE		Tries to estimate the users’ bandwidth on pages with integrated YouTube videos.	youtube.com	HTTP	180 days
VISITOR_PRIVACY_METADATA		Stores the user’s cookie consent state for the current domain.	youtube.com	HTTP	180 days
YSC		Registers a unique ID to keep statistics of what videos from YouTube the user has seen.	youtube.com	HTTP	Session
ytidb::LAST_RESULT_ENTRY_KEY		Stores the user’s video player preferences using embedded YouTube video.	youtube.com	HTML	Persistent
YtIdbMeta#databases		Used to track user’s interaction with embedded content.	youtube.com	IndexedDB	Persistent
yt-remote-cast-available		Stores the user’s video player preferences using embedded YouTube video.	youtube.com	HTML	Session
yt-remote-cast-installed		Stores the user’s video player preferences using embedded YouTube video.	youtube.com	HTML	Session
yt-remote-connected-devices		Stores the user’s video player preferences using embedded YouTube video.	youtube.com	HTML	Persistent
yt-remote-device-id		Stores the user’s video player preferences using embedded YouTube video.	youtube.com	HTML	Persistent
yt-remote-fast-check-period		Stores the user’s video player preferences using embedded YouTube video.	youtube.com	HTML	Session
yt-remote-session-app		Stores the user’s video player preferences using embedded YouTube video.	youtube.com	HTML	Session
yt-remote-session-name		Stores the user’s video player preferences using embedded YouTube video.	youtube.com	HTML	Session

Category: Unclassified (10)

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

COOKIE NAME	COOKIE PURPOSE	PROVIDER	TYPE	EPIRY
#-#	Unclassified	youtube.com	HTML	Session
_ce.irv	Unclassified	tregaskiss.com	HTTP	Session
_laststartupid	Unclassified	configuremygun.tregaskiss.com	HTTP	Session
li_adsld	Unclassified	snap.licdn.com	HTML	Persistent
LogsDatabaseV2#||LogsRequestsStore	Unclassified	youtube.com	IndexedDB	Persistent
pagead/1p-conversion/#/	Unclassified	google.com	Pixel	Session
QSI_SI_#_intercept	Unclassified	tregaskiss.com	HTTP	Session
SITE_LOGO	Unclassified	configuremygun.tregaskiss.com	HTML	Session
SITE_NAME	Unclassified	configuremygun.tregaskiss.com	HTML	Session
SITE_URL	Unclassified	configuremygun.tregaskiss.com	HTML	Session

How you can contact Tregaskiss and Bernard

If you have any questions, comments or concerns about this Cookie Notice or the information practices of this site, please contact our privacy officer via phone or email at:

By phone: 844-676-0349

By email: dpo@itw.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, US and Canadian law. For more information, please contact our privacy officer at dpo@itw.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 March, 2024 at Tregaskiss, 2570 North Talbot Road, Windsor, ON N0R 1L0

Welcome to the web site or mobile app operated by Tregaskiss, a division of ITW Canada Inc. (“Tregaskiss”) and Bernard, a division of Miller Electric Mfg. LLC (“Bernard’). ITW Canada Inc. and Miller Electric Mfg. LLC are each wholly owned by Illinois Tool Works Inc. (“ITW”). This web site or mobile app (the “Web Site”) provide general information about Tregaskiss and Bernard and their products free of charge to users in the United States and Canada.

BY YOUR USE OF THE WEB SITE YOU AGREE TO THESE TERMS AND CONDITIONS (THE “TERMS OF USE”). TREGASKISS AND BERNARD RESERVE THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME AND EACH VISIT YOU MAKE TO THE WEB SITE SHALL BE SUBJECT TO THE CURRENT GUIDELINES.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING ANY PART OF THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME, AS WELL AS THE TREGASKISS AND BERNARD PRIVACY POLICY. IF YOU DO NOT WISH TO AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE ANY PART OF THE WEB SITE. YOUR CONTINUED USE OF THE WEB SITE MEANS THAT YOU ACCEPT AND AGREE TO THE CURRENT OR REVISED TERMS OF USE. IF YOU DISAGREE WITH THE TERMS OF USE (AS AMENDED FROM TIME TO TIME) OR ARE DISSATISFIED WITH THE WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE.

Overview: The Web Site has been created solely for the purpose of providing information about Tregaskiss and Bernard, and includes information about Tregaskiss’ and Bernard’s products and services, news, press releases, awards, history, and other information.

Copyright Restriction/Use of Content: The entire contents of the Web Site (including all information, software, communications, scripting, photographs, text, displays, videos, graphics, animations and audio) and the design, selection and arrangement thereof, all of which are proprietary to Tregaskiss and Bernard or their licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. Permission to use the content on the Web Site is granted for personal, non-commercial, and informational uses only or legitimate business purposes related to your role as a current or prospective customer, supplier, or distributor of Tregaskiss or Bernard. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on the Web Site without the prior written consent of 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 for display enhancement purposes, and (c) print a reasonable number of pages of the Web Site. All copies must retain any trademarks, copyright notices and other marking with respect to the source of the information. Neither the title nor any intellectual property rights to any information or material in the Web Site are transferred to you, but remain with 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 part of the Web Site, (ii) access to the Web Site, or (iii) use of the Web Site or of any services or materials available through the Web Site.

Use Of The Tregaskiss and Bernard Web Site: You agree to use the Web Site only for lawful purposes:

(a) Specifically you agree not to do any of the following: (1) upload to or transmit on the Web Site any material that is, in Tregaskiss’ and Bernard’s sole discretion, defamatory, indecent, obscene, harassing, violent, vulgar, inappropriate, or objectionable, or material that is not related to Tregaskiss’ and Bernard’s products, or any material that is, or may be, protected by copyright, without permission from the copyright owner; (2) use the Web Site to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (3) intercept or attempt to intercept electronic mail not intended for you; (4) misrepresent an affiliation with any person or organization; (5) upload to or transmit on the Web Site any advertisements or solicitations of business; (6) restrict or inhibit use of the Web Site by others; (7) upload or otherwise transmit files that contain a virus or corrupted data; (8) collect information about others (including e-mail addresses) without their consent; (9) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the Web Site or that you have a contractual obligation to keep confidential (notwithstanding its availability on the Web Site); (10) post “spam,” transmit chain letters or engage in other similar activities; or (11) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Web Site, or which, as determined by Tregaskiss and Bernard, may harm Tregaskiss, Bernard or users of the Web Site or expose them to liability.

(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom or any other publicly available section of the Web Site (including password-protected areas), and all articles and responses to questions, other than the content provided by Tregaskiss or Bernard, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Tregaskiss or Bernard. Tregaskiss and Bernard cannot guarantee the identity of any other users with whom you may interact in the course of using the Web Site or the authenticity of the data provided by other users. Tregaskiss and Bernard will not be liable for any errors or omissions in such content. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Tregaskiss or Bernard, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to any area of the Web Site, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to post it to the Web Site. You grant to Tregaskiss and Bernard the right to use all content you upload or otherwise transmit to the Web Site in any manner Tregaskiss or 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.

(c) Tregaskiss and Bernard reserve the right, but does not assume any responsibility, to (1) remove any material posted on the Web Site which Tregaskiss or Bernard, in its sole discretion, deems inconsistent with its policies and procedures with respect to the relevant online forum, including any material Tregaskiss or Bernard has been notified, or has reason to believe, constitutes a copyright infringement; and any material that is not related to the relevant discussion or chat forum; (2) terminate any user’s access to all or part of the Web Site; and (3) reformat, excerpt or translate any content submitted by you. However, Tregaskiss and Bernard can neither review all material before it is posted on the Web Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Tregaskiss and Bernard assume no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Tregaskiss and Bernard reserve the right to take any action it deems necessary to protect the personal safety of users of the Web Site and the public; however, Tregaskiss and Bernard have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

(d) Your failure to comply with the provisions of (a) or (b) above may result in the termination of your access to the Web Site and may expose you to civil and/or criminal liability.

Trademarks: The term “Tregaskiss” is a trademark and the Tregaskiss logo and all related product and service names, designs and slogans are Tregaskiss trademarks. The term “Bernard” is a trademark and the Bernard logo and all related product and service names, designs and slogans are Bernard trademarks. You may not use such marks without prior written permission from Tregaskiss or Bernard, as applicable. All other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.

Dealings with Distributors and Other Merchants: If you choose to correspond, participate in a promotion or engage in transactions with any distributor or other merchant found on or through the Web Site, you acknowledge and agree that neither Tregaskiss or Bernard is a party to, and will not be responsible for, your interaction with such distributor, including its treatment of your information and the terms and conditions applicable to any transaction between you and the distributor or merchant. The terms of your interaction with any distributor or other merchant are solely between you and such distributor or merchant. You agree that 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 distributor or merchant on the Web Site.

Disclaimer: You assume all responsibility and risk for the use of the Web Site. Tregaskiss and Bernard do not assume any liability for the materials, information and opinions provided on, or available through, the Web Site (the “Site Content”). Any of the Site Content may include technical inaccuracies or typographical errors. Tregaskiss and Bernard have the right to make changes and updates to the Site Content without prior notice. Neither the Site Content nor any advice or information given by Tregaskiss, Bernard or their employees shall create any warranty. Reliance on such advice, information or the Site Content is solely at your own risk, including without limitation any safety guidelines, resources or precautions related to the installation, operation, maintenance or repair of Tregaskiss and Bernard equipment or any other information related to safety that may be available on through the Web Site. To the extent permitted by law, Tregaskiss and Bernard disclaim any liability for injury or damages resulting from the use of thereof.

Because some jurisdictions do not allow this exclusion, the above limitations may not apply to you and do not apply to residents of Quebec, Canada. THE WEB SITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THE WEB SITE (EXCEPT TO THE EXTENT THE PRODUCTS OR SERVICES ARE COVERED BY A WARRANTY IN TREGASKISS’ OR BERNARD’S TERMS AND CONDITIONS OF SALE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. INFORMATION PUBLISHED ON THE WEB SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR COUNTRY. CONSULT YOUR LOCAL TREGASKISS OR BERNARD DISTRIBUTOR FOR INFORMATION REGARDING THE PRODUCTS, PROGRAMS AND SERVICES THAT MAY BE AVAILABLE TO YOU. TREGASKISS AND BERNARD DISTRIBUTORS ARE INDEPENDENT BUSINESSES AND SET THEIR OWN PRICING AND TERMS OF SALE. NEITHER TREGASKISS, BERNARD, NOR ANY PERSON ASSOCIATED WITH TREGASKISS OR BERNARD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE WEB SITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER TREGASKISS OR BERNARD, OR ANYONE ASSOCIATED WITH TREGASKISS OR BERNARD, WARRANTS OR REPRESENTS THAT THE WEB SITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THE WEB SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE WEB SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. TREGASKISS AND BERNARD DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Some Site Content is intended only to assist you with financial decisions and is broad in scope and does not consider your individual situation. Your individual situation is unique and the information and advice may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any strategy, you should obtain additional information and advice of your financial advisors and other advisors who are fully aware of your individual circumstances.

The following section does not apply to residents of Quebec, Canada.

Limitation of Liability: Tregaskiss and Bernard shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on the Web Site. Tregaskiss and Bernard assume no responsibility and shall not be liable for any damages resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing on the Web Site or any other linked web sites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from the Web Site or any linked web site or the Internet generally.

IN NO EVENT WILL TREGASKISS, BERNARD, THEIR LICENSORS, SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEB SITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THE WEB SITE OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY TREGASKISS OR BERNARD AND WHETHER OR NOT TREGASKISS OR BERNARD HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE WEB SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

TREGASKISS AND BERNARD HOLD THAT THE PROVISIONS OF THE “DISCLAIMER” AND “LIMITATION OF LIABILITY” SECTIONS ARE FOR THE BENEFIT OF THIRD PARTIES IN TRUST FOR EACH OF THOSE PARTIES AS THIRD PARTY BENEFICIARIES UNDER THESE TERMS OF USE.

Indemnification: You agree to indemnify and hold harmless Tregaskiss, Bernard and their respective officers, directors, employees, agents, affiliates, third party information providers, licensors and others involved in the Web Site or the delivery of products, services or information over the Web Site (collectively, the “Indemnified Parties”), from and against any and all liabilities, expenses, damages and costs, including reasonable attorneys’ fees or other legal expenses, arising from any violation by you of these Terms of Use or your use of the Web Site or any products, services or information obtained from the Web Site. 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.

Privacy; Protection of Personal Information: Tregaskiss’ and Benard’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Tregaskiss and Bernard Privacy Policy, which is incorporated by reference into these Terms of Use.

Any passwords used for the Web Site are for individual use only. You will be responsible for the security of your password.

You are prohibited from using any services or facilities provided in connection with the Web Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Tregaskiss and Bernard reserve 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 reserve the right to investigate suspected violations of these Terms of Use.

Tregaskiss and Bernard reserve the right to cooperate fully with any law enforcement authorities with respect to any investigations involving any attempt to compromise security or tamper with system resources or with court orders requesting or directing Tregaskiss or Bernard to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS TREGASKISS AND BERNARD FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY TREGASKISS OR BERNARD DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY TREGASKISS, BERNARD OR LAW ENFORCEMENT AUTHORITIES.

Customer Assistance Policy: The business of Tregaskiss and Bernard are manufacturing and selling high quality welding equipment. Tregaskiss and Bernard strive to meet the needs of their customers and to exceed their customers’ expectations. On occasion, purchasers may ask Tregaskiss or Bernard for advice or information about their use of Tregaskiss’ or Bernard’s products. Tregaskiss and Bernard respond to their customers based on the best information in its possession at that time. Tregaskiss and Bernard are not in a position to warrant or guarantee such advice, and assumes no liability, with respect to such information or advice. Tregaskiss and Bernard expressly disclaims any warranty of any kind, including any warranty of fitness for any customer’s particular purpose, with respect to such information or advice. As a matter of practical consideration, Tregaskiss and Bernard also cannot assume any responsibility for updating or correcting any such information or advice once it has been given, nor does the provision of information or advice create, expand or alter any warranty with respect to the sale of Tregaskiss’ or Bernard’s products. Tregaskiss and Bernard are responsive manufacturers, but the selection and use of specific products sold by Tregaskiss or Bernard is solely within the control of, and remains the sole responsibility of the customer. Many variables beyond the control of Tregaskiss and Bernard affect the results obtained in applying this type of fabrication methods and service requirements. This section does not apply to residents of Quebec, Canada.

User Submissions: Tregaskiss and Bernard welcome your comments and submissions. In consideration for Tregaskiss and Bernard permitting you to submit your content, including but not limited to images, text, and videos (“User-Generated Content” or “UGC”), to this Web Site, mobile apps, or social media pages (collectively, the “Services”), you hereby acknowledge and agree that upon submission of UGC via the Services, you shall be bound by these Terms of Use. If you do not agree to all of the terms within the Terms of Use, please do not submit UGC to us.

• By agreeing to these Terms of Use and submitting UGC, you represent and warrant that:
• You are at least eighteen (18) years of age and are legally considered an adult in the state or country where you reside;
• You own all copyright in the UGC, including the rights to any photograph, image or clip within your UGC;
• You have full power and authority to agree to these Terms of Use;
• The UGC is your own original creation (i.e., not taken from another website, social media posting, or elsewhere) and does not contain anything that violates the rights of any person or entity;
• The UGC does not contain personally identifiable information (e.g., first and last name, addresses, email addresses, contact information or phone numbers);
• The UGC does not contain any trademarks, logos, brand names, advertising, sponsorship, or promotional material owned by any person or entity, other than you, Tregaskiss or Bernard;
• The UGC does not contain anything illegal, defamatory, false or misleading, obscene or offensive;
• The UGC does not contain any advertising or promotional material or promote any product, service or other commercial activity, other than the product and/or services of Tregaskiss or Bernard;
• The UGC does not contain harmful material such as malware, viruses, time bombs, and other computer programming routines that could damage or interfere with Tregaskiss’ or Bernard’s systems, programs, data, or platforms;
• You have obtained the consent or permission from any person(s) appearing in the UGC (or owning any rights in the UGC or anything appearing therein) to provide us with the rights to use the UGC as described in these Terms of Use;
• Your upload or post of the UGC does not violate any applicable laws or the terms or requirements of the social media platform(s) where you uploaded or posted the UGC;
• The Licensed Parties’ (as defined below) use of your UGC as described in these Terms of Use will not violate the rights of any person or entity and will not violate any law;
• You confirm and agree that the Licensed Parties’ use of your UGC as described in these Terms of Use does not and shall not require any payment to any person or entity and does not require additional license, authorization, approval or consent by any other person or entity; and
• You have read and you agree to comply with all of the terms and conditions in these Terms of Use.

By submitting UGC, you hereby grant to Tregaskiss, Bernard and their related companies, affiliates (anywhere in the world), agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and their respective retail partners, marketing or public relations agencies, and other third-party service providers (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, freely transferable and sublicensable right to publish, release, exhibit, republish, transmit, modify, distribute, print, post, create derivative works from, and otherwise use your UGC in connection with Licensed Parties’ business and any advertising, sales and marketing activities to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known, with or without your username, real name, image, likeness, voice, descriptions of you, location, or other identifying information, and/or to incorporate them in other works in any form, media or technology now known or developed in the future.

To the extent applicable, you grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location, or other identifying information, including but not limited to your voice, in connection with any use of your UGC in accordance with these Terms of Use.

You irrevocably and unconditionally grant to us all consents or permissions of any person or entity as required by any applicable laws, including but not limited to copyright laws and related rights laws (and all other laws now or in future in force in any part of the world) which may be required for our use of the UGC and the rights you are granting us under these Terms of Use. If requested, you agree to sign any documentation in such manner and at such location as may be required to protect, perfect or enforce any of the rights you have given to us under these Terms of Use. Additionally, you irrevocably and unconditionally waive (and agree not to enforce) all rights in the UGC, including without limitation, any moral rights or equivalent rights which you may otherwise have under any laws now existing, or which become law in the future in any part of the world. You have no right of approval or inspection and you are not entitled to any compensation.

Whether we choose to use the UGC or not is solely our choice. We have no obligation to use the UGC and we may remove or stop using any UGC at any time, for any reason. Use of the UGC does not imply our endorsement of or any affiliation with you.

You also permit any other users of the Services to access, view, store, re-post, or reproduce your UGC for that user’s personal, non-commercial use. The Licensed Parties will not be required to treat any UGC as confidential, and you grant to the Licensed Parties the right to edit, copy, modify, display, publish and distribute any UGC made available via the Services by you, without compensation to you or any other party submitting the UGC for you. Notwithstanding the right and license, you understand that by merely permitting your UGC to appear on the Services, the Licensed Parties are not publishers of such UGC and are merely functioning as intermediaries to enable you to provide and display UGC. Moreover, the Licensed Parties do not make any representation with respect to, nor do they endorse the accuracy, completeness, timeliness, or reliability of, any UGC displayed, uploaded, linked-to, or distributed by you or any other user.

If you have a material connection to Tregaskiss or Bernard (such as an employee, agency, sponsored blogger/brand ambassador, compensated influencer, etc.), please be sure to let people know that when you post.

You agree that by using the Services, you are prohibited from and agree you will not post or transmit any of the following:

• anything that interferes with or disrupts the Services or operation of the Services;
• anything that is vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false;
• unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
• anything that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
• anything that harms minors;
• anything that impersonates any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity; or
• files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Services.

You also agree that by granting the Licensed Parties the right and license to use your UGC, you release the Licensed Parties that use your UGC, from any and all claims, actions or proceedings of any kind, and from any and all damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of use of your UGC as contemplated by these Terms of Use or any breach by you of these Terms of Use.

Links to Third Party Web Sites: The Web Site contains links to third party sites. These are provided for the convenience of Tregaskiss’ and Bernard’s customers and Tregaskiss and Bernard make no representations or warranties regarding and does not endorse the content or availability of these services or resources. Any concerns regarding these services or resources, or any link associated thereto, should be directed to the particular outside service or resource. Your use of third party web sites is at your own risk and subject to the terms and conditions of use for such web sites. Neither Tregaskiss or Bernard, nor their affiliates, shall be liable for any damages of any kind arising out of the access or use of any site linked from the Web Site.

Social Media Sites: The Web Site may contain links to third party social media sites, such as Facebook, Twitter, YouTube, etc. (each, a “Social Media Forum”). Tregaskiss and Bernard make pages available on the Social Media Forums for informational purposes only, subject to the guidelines and/or disclaimers applicable to such Social Media Forums and as set forth in Tregaskiss’ and Bernard’s Social Media Terms of Use.

Linking to the Tregaskiss and Bernard Web Site: Linking to the Web Site from a third party web site is permitted as a courtesy. This permission to link to the Web Site does not, in any way, imply Tregaskiss’ or Bernard’s endorsement of the linked site. Tregaskiss and Bernard reserve the right to specifically revoke consent to link to the Web Site if Tregaskiss or Bernard determines in its sole discretion that the web site containing the link does not meet Tregaskiss’ or Bernard’s aesthetic or other standards.

Worldwide Notice: Tregaskiss and Bernard offer services and products in many parts of the world. The Web Site may refer to certain services or products, which are not available worldwide, without specifically limiting the offers as such. Such reference does not imply that Tregaskiss or Bernard intends to offer such service or products in all countries. The Web Site is subject only to jurisdiction of the U.S. courts, except as stated below. Tregaskiss and Bernard makes no representation that materials in the Web Site are appropriate or available for use in other locations. If you access the Web Site from other locations, you are responsible for complying with local laws.

Digital Millennium Copyright Act: 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 or Bernard to contact you, such as an address, telephone number, and, if available, an electronic mail address;
• 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, including the law of fair use; 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:

DMCA.agent@itw.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 using the information in the “Contact” section below.

Contact: Please contact us at 519-737-3000 or info@tregaskiss.com if you become aware of any content that may infringe the copyright of a third party or that you believe to be in violation of these Terms of Use.

Governing Laws/Exclusive Jurisdiction: For all users outside of Quebec, Canada, these Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts-of-law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Web Site shall be in the state or federal courts located in or near Chicago, Illinois. You agree to submit to the personal jurisdiction of such courts for the purpose of adjudicating any such cause of action.

For all users in Quebec, Canada, these Terms of Use will be interpreted in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict-of-law provisions. You agree that in the event any claim or dispute you may have against us arising out of these Terms of Use or your use of the Web Site needs to be resolved in court, the claim or dispute must be resolved exclusively by a Provincial Court or Federal Court located in Quebec. You agree to submit to the personal jurisdiction of the courts located in Quebec for the purpose of adjudicating and such claims or disputes.

Miscellaneous: 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 Web Site, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

You agree that no joint venture, partnership or agency relationship exists between you and Tregaskiss or Bernard as a result of these Terms of Use or your use of this Web Site.

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’ or 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 or Bernard, nor any trade practices, shall be deemed to modify these Terms of Use.

The parties have expressly requested that these Terms of Use and all other related documents be drawn up in the English language; Les parties ont convenu expressément que la présente entente et tous les documents s’y rapportant soient rédigés en anglais.

Last updated: January 24, 2023, at Tregaskiss, 2570 North Talbot Road, Windsor, ON N0R 1L0

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Last Revised: January 24, 2023

Tregaskiss, a division of ITW Canada Inc. (“Tregaskiss”) and Bernard, a division of Miller Electric Mfg. LLC (“Bernard’) (collectively, “Tregaskiss and Bernard”, “we”, “us”, or “our”) respect your privacy and are committed to following the data protection laws that apply to us. ITW Canada Inc. and Miller Electric Mfg. LLC are each wholly owned by Illinois Tool Works Inc. (“ITW”). 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 www.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

COLLECTION AND USE OF PERSONAL INFORMATION

We collect information that can be used to identify or contact a particular person (we refer to this type of information as “personal information”). Personal information includes information that does not directly identify you by name or include your contact information, but which may be used to identify that a specific computer or device has accessed our Website and Online Services and which if combined with certain other information could be used to identify you. The types of personal information we collect and process include:

LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION (EUROPEAN VISITORS ONLY)

If you are a visitor from the European Economic Area, the legal basis for collecting and using the personal information described in this Privacy Policy will depend on the personal information concerned and the specific context in which we collect it. However, the applicable legal basis for our processing of your personal information normally includes one of the following:

• Based on your consent. In some cases, at the point at which you provide personal information, we may ask you for your consent to collect and process such information. If you choose to provide us with your consent, you may later withdraw your consent (or opt-out) by contacting us using the contact details provided under the How You Can Contact Us section below. Please note that if you withdraw your consent it will not affect any processing of your personal information that has already occurred. Where we process your personal information based on consent, we will provide more detailed information to you at the time when we obtain your consent.
• Performance of a contract. In specific circumstances, we may need to process your personal information to fulfill our obligations under a contract to which you are subject. Where we are processing your personal information to fulfill our obligations under a contract to which you are a party, you may not be able to object to such processing, or if you do choose to opt-out or object to such processing, it may impact our ability to perform a contractual obligation that you are owed.
• Compliance with applicable laws. In specific circumstances, we may need to process your personal information to comply with an applicable law. Where we process your personal information to meet our legal obligations, you will likely not be permitted to object to such processing, but you will usually have the right to access or review the relevant personal information unless it would impede our legal obligations.
• Our legitimate interests. We may process your personal information based on our legitimate interests (or those of any third party) to the extent such interests are not overridden by your data protection interests or fundamental rights and freedoms. In such cases, you have the right to object to the relevant processing of your personal information by contacting us as described under the How You Can Contact Us section below.

If we ask you to provide personal information to comply with a legal requirement or to perform a contact with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make such legitimate interests clear to you at the relevant time.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the How You Can Contact Us section 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, online surveys, online calculator, or product configurator tools made available to you on our Website and Online Services. Some of the information that you submit may be personal information. 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.

We may also use your personal information for other purposes that are not incompatible with the purposes we have disclosed to you (such as archiving purposes in the public interest, scientific or historical research purposes, or statistical purposes) if and where this is permitted by applicable data protection laws. In any event, we take commercially reasonable steps to ensure that your personal information is reliable for its intended use, accurate, complete, and, where necessary, kept up-to-date.

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 Cookie 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 Types	Purpose
Authentication	These 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 Integrity	These 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 Features	These 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 Research	These 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/. We also use the Google DoubleClick cookie to deliver targeted advertisements based on visitor interests, demographics, and past browsing activity; to improve reporting on ad campaign performance; and to avoid showing ads the visitor has already seen. More information on DoubleClick can be found here. If you would like to opt-out of having your information collected and used as described, please use the Google Double Click opt-out available here.

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 implement and maintain reasonable restrictions on the retention of personal information collected through this Website or Online Services, and generally dispose of such personal information once it is no longer necessary for the purposes for which it was collected or further processed. However, we may continue to store archived copies of your personal information for legitimate business purposes and as necessary to comply with applicable law. In addition, we may continue to store anonymous, aggregated or anonymized information for any legitimate business use described in this Privacy Policy.

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 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 affiliates and business units who process personal information for the purposes described in this Privacy Policy or as notified to you when we collect your personal information;

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 in accordance with applicable laws;

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; and

to any other person with your consent to the disclosure.

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) 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, 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 customerservice@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.

If you are a visitor from the European Economic Area, Canada or the State of California, You may opt-in to receive marketing communications that we will send you from time to time by clicking on an ‘opt-in’ link for receiving such marketing communications that is available at the Website. You can at any time unsubscribe and opt-out of receiving such marketing communications by clicking on the ‘unsubscribe’ or ‘opt-out’ link in the marketing communications we send you. To opt-in to receive other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details in Section 6 below.

If you do not wish for us to collect cookie data, 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.

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

If you are a visitor from the European Economic Area and/or to the extent required by applicable law, you have the following additional data protection rights:

• You can object to processing of your personal information, ask us to restrict processing of your personal information, or request portability of your personal information.
• If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You have the right to lodge a complaint with an applicable data protection authority. You have the right to lodge such a compliant in the European country of your habitual residence, place of work, or place of an alleged infringement if you consider that the processing of your personal information infringes applicable EU data protection laws. A list of all European supervisory authorities and their respective contact information is available here.

If you are a visitor from Canada and/or to the extent required by applicable law, you have the following additional data protection rights:

• If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. Withdrawal of your consent may make it impossible to provide certain services to you. To make such a request contact our privacy officer at via email at dpo@itw.com.
• You have the right to access your personal information, request correction of your personal information and information on to whom your information has been disclosed. To make such a request contact our privacy officer via email at dpo@itw.com.
• Applicable to residents of Quebec effective September 1, 2023: You have the right to be forgotten, which means you can restrict organizations from disseminating your personal information or can have hyperlinks associated with your name and that provide access to personal information, de-indexed in certain situations.
• Applicable to residents of Quebec effective September 1, 2023: You have the right to data portability, this is a supplementary right to receive computerized personal information collected from them in a structured, commonly used and technological format and to have this information transferred directly to “any person or body authorized by law to collect such information”
• Applicable to residents of Quebec effective September 1, 2023: You have the right to be informed of automated decision-making. You have a right to be informed of the fact that your personal information is used to render a decision based exclusively on automated processing.
• Applicable to residents of Quebec effective September 1, 2023: You have the right to request information about data processing, namely what personal information was collected from you and how it is being processed by us.
• You have the right to lodge a complaint with an applicable privacy commissioner. You have the right to lodge such a compliant in the province of your habitual residence. A list of all provincial privacy commissioners and the federal privacy commissioner and their respective contact information is available at the following sites:

Federal Privacy Commissioner https://www.priv.gc.ca/en/
Alberta: https://www.oipc.ab.ca/
British Columbia: https://www.oipc.bc.ca/
Quebec: https://www.cai.gouv.qc.ca/english/

We reserve the right to limit the rights described above at any time where permitted under applicable law, including where your identity cannot be reasonably verified by Tregaskiss or Bernard or to the extent your rights adversely affect the rights and freedoms of others.

You can exercise any of the foregoing rights by contacting us using the contact details provided under the How You Can Contact Us section below.

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 customerservice@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 customerservice@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 or our information practices, please contact our privacy officer via phone or email as set forth below:

By phone: 844-676-0349
By e-mail: dpo@itw.com

If you have any questions, comments or concerns about our Website and Online Services, or our service providers, contractors, and business partners, please contact us via mail, phone or e-mail as set forth below:

By mail: Tregaskiss
2570 N. Talbot Road
Windsor, Ontario, Canada N0R 1L0
By phone: 519-737-3000
By e-mail: customerservice@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.

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Privacy Policy

Supplemental Notice for California Residents

Last updated: January 24, 2023

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 Information	In 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

Employees and Contractors

Website Visitors

Customer Service Communications

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