This Agreement describes Hilti's policies and procedures regarding the collection, use, disclosure and sharing of information from Hilti that is uploaded, posted in, or in connection with the Ask Hilti service ("Hilti Content"); and information from other parties uploaded, posted in, or related to Ask Hilti services ("User Content"). Hilti Content and User Content are collectively referred to as "Information". This includes Information on Ask Hilti's website, Ask Hilti content uploaded on other sites (such as Ask Hilti's "Follow" button), your mobile phone, or through one of Ask Hilti's mobile apps for mobile devices (e.g., Ask Hilti's iPhone app) (collectively, the "Services"). All non-Hilti individuals, including you, who use or access the Services in any way are referred to as "Users". By using or accessing the Services, you agree to be bound by all the terms and conditions of this Agreement. If you do not agree to be bound, do not use the Service. Hilti uses the Information to prioritize product testing, develop products and services, identify user-based industry trends, analyze how the Services are used, diagnose service or technical issues, personalize content, recall information to help you access the Information efficiently, monitor aggregate metrics such as total number of visitors, traffic, and demographic patterns, compile lists of Users for direct marketing purposes, and collect information about User and User Content as necessary to comply with the Digital Millennium Copyright Act and other applicable laws.
The Services and Information are intended solely for the exchange of information between Hilti, and buyers, end users and specifiers of Hilti's products ("Purpose") – no other use is permitted, including but not limited to the posting of information that is not directly related to the Purpose; or the use of other Users' information for disclosure to others, advertising, or harassment or other inappropriate communications. To register, you are required to provide information about yourself, such as your name, occupation, employer, email address, and interests – it is your sole responsibility to keep that information up to date. Your name or username (you can choose which is visible), and any other information you add to your profile and choose to make visible, will be available for public viewing on the Service. You can provide us with your mobile phone number if you choose to ask questions and receive answers via text message. We may use your email address to send you Service-related notices (including any notices required by law, in lieu of postal communications). You can control the receipt of messages related to certain Services on your Settings page. We may also use your contact information to send you marketing email messages. If you don't want to receive the message, you can opt out by following the instructions in the message. If you correspond with us via email, we may store the content of your email messages, your email address, and our responses.
By using the Services, you represent and warrant to Hilti that: you are a person who is at least 12 years of age; You are legally permitted to use the Services; You are solely responsible for the selection and use of the Services; all information you provide is, to the best of your knowledge, true; and your use of the Services and Information solely to achieve the Purpose. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdiction. Access to the Services may be illegal for certain persons or in certain countries – you are solely responsible for determining whether your use of the Services is legally permitted. All Hilti Content is based on Hilti code, practices, standards and data published in the Hilti country of address listed on the Services website – it is the sole responsibility of the User to determine whether such Hilti Content is appropriate for use in specific projects, in local jurisdictions or other countries.
If you use your Facebook, Twitter or other social networking site ("SNS") account information to log in to the Services, we will collect and store your SNS user ID. If you connect your Service account with your SNS account (such as to enable posting from the Services), we will collect certain information from your SNS account (such as information from your SNS profile).
You may also provide User Content. Your questions, answers, and other contributions to the Service, and metadata about them (such as when you post them), may be publicly viewed on the Service, along with your name or username (you can choose which ones are visible). This information can be searched by search engines and republished elsewhere on the Web. You agree that all User Content that you contribute to the Services is perpetually and irrevocably licensed to Hilti, including the right and license to use, copy, store, publish, display, distribute, modify, create derivative works and store such User Content and to enable others to do so in any media now known or hereafter developed, even if the User Content is later deleted. You represent and warrant that you have the right to grant Hilti and others the rights set forth above. You represent, warrant, and agree that you will not contribute any User Content that: (a) infringes, infringes, or interferes with the copyright, trademark, or intellectual property rights of others; (b) disclose any trade secret, unless you own such trade secret or have permission from the owner to post it and waive any confidentiality claim; (c) is defamatory, defamatory, abusive, threatening, harassing, hateful, offensive, or violates any law or the rights of any third party; or (d) contains viruses, trojan horses, worms, time bombs, or other routine computer or machine programs intended to damage, interfere with, covertly intercept, or take over any system, data, or information. Hilti reserves the right to remove/repost any User Content from/to the Service, without notice or liability.
Hilti may, at any time in its sole discretion and without notice or liability: cancel, delete, suspend or change the Services and/or some or all of the Information, including the availability of any features, databases or Information; impose restrictions on certain features and services or restrict, suspend, or terminate User's access to part or all of the Services; and/or amend the terms of this Agreement by posting the revised Agreement on the Service – The User is responsible for reviewing and understanding any such changes, and the User's use of the Service after such posting constitutes the User's acceptance of the terms of the Agreement as amended. Hilti is under no obligation to maintain or archive any Information – you are solely responsible for taking action to archive any Information you wish to keep.
You agree that Hilti has no fiduciary duty to any User. You agree that Hilti has no control over, and is not obligated to take any action regarding: which users gain access to the Services; What information the User accesses; what impact such Information has on the User; What User Content is posted on the Services, including Information that, if downloaded, may be harmful, or links to other websites that may be inappropriate or harmful if accessed; how Users may react to, interpret or use the Information; or whether the Information becomes obsolete or outdated. It is your sole responsibility to determine: whether and how to use the Information; accuracy of the information; the relevance/applicability of the Information to your intended use; and The information is up-to-date.
All intellectual property rights derived or may derive from the Services or Information belong solely to Hilti, and you agree to sign any documents reasonably requested by Hilti to establish such ownership rights. You agree to defend, indemnify and hold harmless Hilti, its directors, officers, employees, service providers, agents and affiliates ("Hilti Group"), from claims relating to the breach or breach of any statement or obligation in this Agreement ("Infringement"), and User Content posted, by you (or anyone using your account with your permission), including attorneys' fees and costs. You agree to indemnify the Hilti Group from any claims relating to User Content and any Infringement by other Users. The Services and Information are provided "AS IS" and "WITH ALL FAULTS", without warranties of any kind, either express or implied, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose, non-infringement, accuracy, copyright compliance, legality, or civility. Under no circumstances shall the Hilti Group be liable for any damages of any kind or nature, based on any legal theory, regardless of whether such damages could have been foreseen and/or caused by the fault of the Hilti Group. Any and all disputes in any way relating to the Services or the Information shall be governed by law by, and occur in, the jurisdiction of the Hilti address listed on the Services website, to the exclusion of any other jurisdiction.