Terms of Use

Welcome to the website of Gaylord Industries and its affiliates, subsidiaries and divisions (collectively “Gaylord Industries”). This website and other Gaylord Industries’ websites (collectively, the “Gaylord Industries website” or the “website”) provide general information about Gaylord Industries and its products and services free of charge to users in the United States.

All users of the Gaylord Industries website are subject to the following terms and conditions of use (these “Terms of Use”).

Please read these Terms of Use carefully before accessing or using any part of this website. 

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

Gaylord Industries may modify or supplement these Terms of Use at any time without notice by posting the amended terms to this website. Your continued use of the Gaylord Industries website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with this website, your sole and exclusive remedy is to discontinue using this website.  The most current version of these Terms of Use, which supersedes all previous versions, can be reviewed by clicking on the “Terms of Use” hyperlink at the bottom of each page of the website.

USE OF THE GAYLORD INDUSTRIES WEBSITE

You agree to use the Gaylord Industries website only for lawful purposes:

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

(b) Any content and/or opinions uploaded, expressed or submitted to a message board, chatroom, online magazine or any other publicly available section of the Gaylord Industries website (including password-protected areas), and all articles and responses to questions, other than the content provided by Gaylord Industries, are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect the opinions of Gaylord Industries. You understand and acknowledge that you are responsible for whatever content you submit, and you, not Gaylord Industries, have full responsibility for such content, including its legality, reliability and appropriateness. By uploading or otherwise transmitting material to Gaylord Industries or to any area of the Gaylord Industries website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to Gaylord Industries and/or post it to the Gaylord Industries website. You grant to Gaylord Industries the right to use all content you upload or otherwise transmit to Gaylord Industries or the Gaylord Industries website in any manner Gaylord Industries 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) Gaylord Industries reserves the right, but does not assume any responsibility, to (1) remove any material posted on the Gaylord Industries website which Gaylord Industries, in its sole discretion, deems inconsistent with the foregoing commitments, including any material Gaylord Industries has been notified, or has reason to believe, constitutes a copyright infringement; and (2) terminate any user’s access to all or part of the Gaylord Industries website. However, Gaylord Industries can neither review all material before it is posted on the Gaylord Industries website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, Gaylord Industries assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. Gaylord Industries reserves the right to take any action it deems necessary to protect the personal safety of users of this website and the public; however, Gaylord Industries has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

(d) Gaylord Industries reserves the right to modify, reject or eliminate any information residing on or transmitted to the Gaylord Industries website.

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

COPYRIGHT RESTRICTIONS/USE OF CONTENT

The entire contents of this website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to Gaylord Industries or its licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the Gaylord Industries website for personal use or legitimate business purposes related to your role as a current or prospective customer, supplier, or dealer of Gaylord Industries. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this site without the prior written consent of Gaylord Industries, 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 Gaylord Industries website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this website are transferred to you, but remain with Gaylord Industries or the applicable owner of such content. Except as expressly authorized by Gaylord Industries in writing, you may not reproduce, sell or exploit for any commercial purposes (a) any part of this website, (b) access to this website or (c) use of this website or of any services or materials available through this website.

TRADEMARKS

The names, logo, product and service names, design marks and slogans of Gaylord Industries are the trademarks, service marks or registered trademarks of Gaylord Industries. All other products or service marks contained herein are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Gaylord Industries name and logo may not be used in any commercial manner without the prior written consent of Gaylord Industries.

DEALINGS WITH DEALERS AND OTHER MERCHANTS

If you choose to correspond, participate in a promotion or engage in transactions with any dealer or other merchant found on or through this website, you acknowledge and agree that Gaylord Industries is not a party to, and will not be responsible for, your interaction with such merchant, including its treatment of your information and the terms and conditions applicable to any transaction between you and the merchant. The terms of your interaction with any merchant are solely between you and such merchant. You agree that Gaylord Industries will have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such merchants on this website.

LIABILITY OF GAYLORD INDUSTRIES AND ITS LICENSORS

You assume all responsibility and risk for the use of this website and the Internet. Gaylord Industries does not assume any liability for the materials, information and opinions provided on, or available through, the Gaylord Industries website (the “site content”). Any of the site content may include technical, accuracy and typographical errors. Gaylord Industries has the right to make changes and updates to the site content without prior notice. Neither the site content nor any advice or information given by Gaylord Industries or its employees shall create any warranty. Reliance on such advice, information or the site content is solely at your own risk. Gaylord Industries disclaims any liability for injury or damages resulting from the use of thereof.

THE GAYLORD INDUSTRIES WEBSITE, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. NEITHER GAYLORD INDUSTRIES NOR ANY PERSON ASSOCIATED WITH GAYLORD INDUSTRIES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE GAYLORD INDUSTRIES WEBSITE. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER GAYLORD INDUSTRIES NOR ANYONE ASSOCIATED WITH GAYLORD INDUSTRIES WARRANTS OR REPRESENTS THAT THE GAYLORD INDUSTRIES WEBSITE, THE SITE CONTENT OR THE SERVICES PROVIDED ON OR THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE GAYLORD INDUSTRIES WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE GAYLORD INDUSTRIES WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. GAYLORD INDUSTRIES DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.  

Gaylord Industries shall not be liable for any damages of any kind whatsoever arising out of your reliance on the information on this website. Gaylord Industries assumes no responsibility and shall not be liable for any damages resulting from viruses that may affect your computer equipment, software, data or other property on account of your access to, use of, or browsing in this website or any other linked websites on or in the Internet generally or your downloading of any materials, data, text, images, video or audio from this website or any linked website or the Internet generally.

IN NO EVENT WILL GAYLORD INDUSTRIES OR ITS LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE GAYLORD INDUSTRIES WEBSITE, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE 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 GAYLORD INDUSTRIES WEBSITE OR THE SITE CONTENT, WHETHER OR NOT THERE IS NEGLIGENCE BY GAYLORD INDUSTRIES AND WHETHER OR NOT GAYLORD INDUSTRIES HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

INDEMNIFICATION

You agree to indemnify and hold harmless Gaylord Industries and its officers, directors, employees, agents, affiliates, third-party information providers, licensors and others involved in the Gaylord Industries website or the delivery of products, services or information over the Gaylord Industries website (collectively, the “Indemnified Parties”), from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of this Agreement or your use of the Gaylord Industries website or any products, services or information obtained from this website.  You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this website.

PRIVACY; PROTECTION OF PERSONAL INFORMATION

Gaylord Industries’ use of your personal information and your responsibilities in connection with protecting your privacy are described in the Privacy Policy, which is incorporated by reference into these Terms of Use.

COMMENTS AND SUBMISSIONS

Anything that you submit to Gaylord Industries or post on publicly available portions of the Gaylord Industries website is non-confidential for all purposes and will not be held in confidence. Gaylord Industries does not want to receive confidential or proprietary information from any user through its websites. Should you provide Gaylord Industries or its advertisers or business partners with information, including but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on this website, such information shall be deemed to be nonproprietary and non-confidential and shall become the property of Gaylord Industries and you agree that all intellectual property rights therein are transferred to Gaylord Industries. Gaylord Industries assumes no obligation to protect such information from disclosure. The submission of such information to Gaylord Industries shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Gaylord Industries for any purpose whatsoever and Gaylord Industries shall be free to reproduce, use, display, broadcast, disclose, transmit and distribute the information to others without restriction. Gaylord Industries cannot prevent the “harvesting” of information from this website, and a user may be contacted by Gaylord Industries or unrelated third parties by e-mail or otherwise, within or outside of this website. In addition, while there is no limitation on how a user’s information may be used, we may use your IP address to help diagnose problems with our server and administer this website, or to help identify you and your shopping cart and to gather broad demographic information.

LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES

The Gaylord Industries website contains links to other web sites on the Internet. Gaylord Industries is not responsible for and does not endorse the content, products, services or privacy practices of any third-party websites, including, without limitation, sites framed within the Gaylord Industries website or third-party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites. Further, a reference on the Gaylord Industries website to any products, services, processes, hypertext links to third-parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not necessarily constitute or imply Gaylord Industries’ endorsement, sponsorship or recommendation. Product and service information are solely the responsibility of each individual vendor and Gaylord Industries does not make any representations regarding the quality, content or accuracy of such information or provide any warranties as to such vendors’ products, trademarks, trade names or trade dress.

COMPLIANCE

The owner of this website is based in the State of Oregon, USA. Gaylord Industries, a division of ITW Food Equipment Group LLC, makes no representation that materials in this website are appropriate or available for use in other locations.

MISCELLANEOUS

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Illinois, USA, without regard to its conflicts of law principles. These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and Gaylord Industries with respect to the Gaylord Industries’ Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. Any cause of action you may have with respect to the Gaylord Industries’ Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Gaylord Industries’ Website shall be in the state or federal courts located in Chicago, Illinois. You agree to submit to the jurisdiction of such courts.

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

You agree that no joint venture, partnership or agency relationship exists between you and Gaylord Industries as a result of these Terms of Use or your use of this website.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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

These Terms of Use were last updated on January 22, 2020.