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Terms of Use and Conditions

KWM Gutterman, Inc. (“Company,” “we,” “us,” or “our”) 

Last Updated: 7/24/2026

 

1.         Acceptance; Scope

These Terms of Use (“Terms”) govern your access to and use of kwmgutterman.com, our client portals, digital catalogs, configurators, and any content, documentation, software, or services made available through them (collectively, the “Site”). By accessing or using the Site, you — and, if you act for a company, the entity you represent — agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Site.

These Terms govern website access only. The purchase, lease, installation, servicing, and operation of machinery and equipment are governed exclusively by our standard Terms and Conditions of Sale, a signed master agreement, or other executed contract (each, a “Sales Agreement”). In any conflict between these Terms and a Sales Agreement, the Sales Agreement controls as to the subject matter of that agreement. Nothing on the Site constitutes an offer to sell; all quotations are subject to written acceptance by the Company.

You represent that you are at least 18 years old, are using the Site in a business capacity or with authority to bind your organization, and are not barred from using the Site under Section 8 (Export Control and Sanctions).

2.         Accounts and Portal Access

Portal credentials are issued to verified business users. You are responsible for maintaining the confidentiality of credentials and for all activity under your account. You will (a) provide accurate registration information and keep it current; (b) not share credentials or permit unauthorized access; and (c) notify us immediately at [email protected], of any suspected compromise. We may suspend or terminate accounts at our discretion, including for violation of these Terms, credit or compliance concerns, or denied-party screening results.

3.         Intellectual Property

3.1       Ownership

The Site and all content on it — including but not limited to industrial designs, engineering drawings and schematics, CAD/CAM files, 3D models, technical specifications, tolerances, bills of materials, user and service manuals, installation guides, software and firmware (including software embedded in or delivered with machinery), source and object code, HMI interfaces, product photography, videos, catalogs, white papers, trademarks, trade dress, and logos (collectively, “Company Materials”) — are owned by or licensed to the Company and are protected by copyright, patent, trademark, industrial design, and trade secret laws of the United States, the European Union, and international treaties. All rights not expressly granted are reserved.

3.2       Trade Secrets and Confidential Technical Information

Certain Company Materials — including engineering schematics, process parameters, proprietary tolerances, control logic, and manufacturing know-how — constitute trade secrets and confidential information. Access to such materials via the Site or Portal does not waive their trade secret status. You agree to hold gated or access-controlled technical materials in confidence, to use them solely for evaluating, purchasing, installing, operating, or maintaining Company equipment, and not to disclose them to third parties (including competitors) without our prior written consent. Any executed non-disclosure agreement between the parties supplements, and controls over, this Section.

3.3       Limited License

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Site and to download and print Company Materials made available for download (e.g., spec sheets, brochures, manuals) solely for your internal business purposes in connection with evaluating, purchasing, operating, or maintaining Company products. You must retain all copyright, confidentiality, and other proprietary notices.

3.4       Prohibited Uses

You shall not, and shall not permit any third party to:

  • Copy, republish, distribute, sell, or commercially exploit Company Materials;
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, control logic, or design of any software or firmware embedded in or delivered with Company machinery, except to the limited extent such restriction is prohibited by applicable law (e.g., interoperability rights under EU Directive 2009/24/EC) and then only after written notice to us;
  • Use schematics, drawings, dimensions, or specifications to design, manufacture, or have manufactured competing or replacement equipment, components, or spare parts;
  • Remove, alter, or obscure proprietary notices; use our trademarks without written permission; frame or mirror the Site;
  • Use robots, scrapers, crawlers, or automated means to harvest content or data (including for training machine-learning models) without written permission;
  • Probe, scan, or test the vulnerability of the Site, circumvent access controls, or introduce malicious code; or
  • Access the Site to build a competitive product or benchmark for a competitor.

3.5       Feedback

Suggestions or feedback you provide regarding the Site or our products may be used by us without restriction or compensation, and you assign to us all rights in such feedback, excluding your pre-existing intellectual property.

3.6       IP Enforcement

Unauthorized use of Company Materials may cause irreparable harm for which monetary damages are inadequate; we are entitled to seek injunctive relief in any court of competent jurisdiction (notwithstanding Section 10) in addition to all other remedies. If you believe content on the Site infringes your copyright, submit a notice compliant with 17 U.S.C. § 512 to [email protected].

4.         Technical Documentation – No Reliance; Safety

Spec sheets, manuals, drawings, performance data, and other technical documentation on the Site are provided for general informational purposes only, may reflect specific configurations or laboratory conditions, and may be revised without notice. Such documentation:

  • Is not a substitute for the controlling documentation delivered with your specific serialized equipment, for site-specific engineering, or for the terms of your Sales Agreement;
  • Does not constitute engineering, safety, or professional advice, nor a warranty, performance guarantee, or specification commitment of any kind; and
  • Must not be used for installation, operation, maintenance, load-bearing, electrical, or safety-critical decisions without verification against the as-built documentation for your equipment and consultation with qualified engineers.

Machinery is inherently dangerous. You are solely responsible for compliance with all applicable safety laws and standards (including OSHA, the EU Machinery Regulation/Directive, and applicable ISO/ANSI standards), for operator training, guarding, lockout/tagout procedures, and for the safe installation, use, and maintenance of equipment.

5.         Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE AND ALL COMPANY MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OR ERROR-FREE OPERATION. PRODUCT WARRANTIES, IF ANY, ARE EXCLUSIVELY THOSE SET FORTH IN THE APPLICABLE SALES AGREEMENT and are not enlarged, modified, or created by anything on the Site.

6.         Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  1. THE COMPANY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, MANUFACTURING OR PRODUCTION DOWNTIME, LINE STOPPAGES, IDLE LABOR, SPOILED OR SCRAPPED PRODUCT OR WORK-IN-PROCESS, LOSS OF PRODUCTION CAPACITY, COST OF SUBSTITUTE EQUIPMENT OR COVER, LOSS OF DATA, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SITE OR ANY COMPANY MATERIALS — INCLUDING ANY USE OF, RELIANCE ON, OR INABILITY TO ACCESS WEBSITE DOCUMENTATION, DOWNLOADABLE SPEC SHEETS, MANUALS, OR DRAWINGS — WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. THE COMPANY SHALL HAVE NO LIABILITY FOR ANY INJURY, DEATH, PROPERTY DAMAGE, OR LOSS ARISING FROM THE MISUSE, IMPROPER INSTALLATION, IMPROPER MAINTENANCE, MODIFICATION, OR OPERATION OF MACHINERY IN RELIANCE ON SITE CONTENT rather than the controlling as-built documentation, applicable Sales Agreement, and qualified professional judgment.
  3. THE AGGREGATE LIABILITY OF THE COMPANY ARISING OUT OF OR RELATING TO THE SITE SHALL NOT EXCEED THE GREATER OF (i) ONE HUNDRED U.S. DOLLARS (US$100) OR (ii) AMOUNTS PAID BY YOU (IF ANY) SPECIFICALLY FOR ACCESS TO THE SITE IN THE TWELVE MONTHS PRECEDING THE CLAIM. This cap does not apply to liability arising under a Sales Agreement, which is governed by that agreement’s own terms.
  4. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY FOR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT WHERE NOT WAIVABLE, OR FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE WHERE SUCH LIMITATION IS PROHIBITED (e.g., IN CERTAIN EU/UK JURISDICTIONS). SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS; IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED.

7.         Indemnification

You will defend, indemnify, and hold harmless the Company and its affiliates, officers, employees, and agents from and against all claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of (a) your breach of these Terms; (b) your misuse of the Site or Company Materials; (c) your violation of export control, sanctions, or other applicable laws; or (d) the operation, installation, maintenance, or modification of machinery by or for you in reliance on Site content contrary to Section 4.

8.         Export Control and Sanction Compliance

The Site, Company Materials (including technical data, software, and schematics), and our products are subject to U.S. export control laws (the Export Administration Regulations and, where applicable, the ITAR), EU Regulation 2021/821 (dual-use), and the economic sanctions laws and regulations of the United States (OFAC), the European Union, the United Kingdom (OFSI), the United Nations, and other applicable jurisdictions.

You represent, warrant, and covenant that you:

  • Are not located, organized, ordinarily resident, or operating in any country or region subject to comprehensive sanctions or embargo;
  • Are not identified on, or 50% or more owned or controlled by any party identified on, any restricted-party list, including the OFAC SDN List, BIS Entity List, Denied Persons List, Unverified List, EU/UK consolidated sanctions lists, or UN sanctions lists;
  • Will not access, download, export, re-export, transfer, or release any Company Materials, technical data, or software to any prohibited destination, entity, or individual, or for any prohibited end use (including nuclear, missile, chemical/biological weapons, or prohibited military/intelligence end uses), without required government authorization; and
  • Will provide accurate end-use and end-user information upon request and will comply with all applicable customs and import laws.

We reserve the right to refuse registration, deny Portal or download access, block IP ranges, cancel quotations, and decline or suspend any transaction where required by law or where screening cannot be satisfactorily completed, without liability to you. Any license granted under these Terms terminates automatically upon your violation of this Section.

9.         Governing Law

These Terms and any dispute arising out of or relating to them or the Site (including non-contractual disputes) are governed by the laws of the State of Illinois, USA, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

10.       Dispute Resolution; Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY — IT REQUIRES BINDING ARBITRATION AND WAIVES JURY TRIAL AND CLASS ACTIONS.

  1. Negotiation first. The parties will attempt in good faith to resolve any dispute by negotiation between senior representatives for at least [30] days after written notice of the dispute.
  2. Binding arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the Site that is not resolved by negotiation shall be finally resolved by binding arbitration administered by ICC, JAMS, and/or AAA-ICDR, under its rules then in effect, and at the Company’s sole election.  Judgment on the award may be entered in any court of competent jurisdiction. The arbitration and award shall be confidential. For international users, the parties acknowledge the applicability of the New York Convention to recognition and enforcement of the award.
  3. Carve-outs. Either party may (i) seek temporary or preliminary injunctive relief in any court of competent jurisdiction to protect intellectual property or confidential information pending arbitration, and (ii) bring an individual claim in small claims court where eligible.
  4. Class action and jury waiver. To the maximum extent permitted by law, all claims must be brought in the parties’ individual capacities, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
  5. Fallback forum. If the arbitration agreement is held unenforceable as to a given claim, that claim shall be litigated exclusively in the state or federal courts located in Will County, the State of Illinois, USA, and the parties consent to personal jurisdiction and venue there.

11.       General Provisions

Modifications. We may revise these Terms at any time by posting the updated version with a new “Last Updated” date; material changes will be highlighted or notified to Portal account holders. Continued use after the effective date constitutes acceptance.

Termination. We may suspend or terminate Site or Portal access at any time. Sections 3–10 and this Section 11 survive termination.

Miscellaneous. These Terms, together with the Privacy Policy and any Sales Agreement, are the entire agreement regarding Site use. If any provision is held invalid, the remainder continues in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our written consent; we may assign them to an affiliate or in connection with a corporate transaction. Notices to us must be sent to 795 S Larkin Ave, Rockdale, IL 60436 and [email protected]. No agency, partnership, or joint venture is created by these Terms. Force majeure events excuse our performance to the extent caused thereby.

Contact: 

KWM Gutterman, Inc.

795 S Larkin Ave, Rockdale, IL 60436

United States

Phone: 888-729-4290

[email protected]