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Thank you for visiting the Thermal Product Solutions (“TPS”)
Web Site (the “Site”). In light of the complexities
governing the use and operation of web sites, we have set
forth below a series of Access and Use Terms (“SATS”)
that apply to your access to and use of the Site. Compliance
with and acceptance of the SATS are required in order for
you to have access to and use of the Site. Please read the
SATS very carefully. We hope that you will understand that,
in the complex legal world of the internet, access and use
terms are required. We have also included below, as part of
the SATS, an identification of TPS’ agent for receipt
of notice regarding copyright claims and other communications
regarding the Site. If you do not agree with or do not accept
any of the SATS, please immediately exit the Site and refrain
from further access.
Thank you for your understanding. We hope that you enjoy
the Site and find it useful. Also, please keep in mind that
information provided on this site and via linked sites is
not for the purposes of seeking or encouraging investment
unless specifically designated as such.
1. LIMITED LICENSE
As described below, your compliance with the SATS provides
a limited, terminable license regarding access to and use
of the Site Contents. “Site Contents” or “Contents”
means images, text, information, sounds, interactive features,
links, and other features of the Site. "Site Code"
means any and all underlying elements of the Site, including,
but not limited to source code, object code, and other sets
of statements or instructions that relate to the operation
or functions of the Site.
You agree:
a) Not to alter the image and text in any manner or use them
in a manner specifically prohibited by these SATs or by the
instructions in the Site.
b) To use the copies for your own informational purposes
only. For example, unless expressly authorized by TPS, you
agree not to place any Site Contents on a network and will
not use any Site Contents to advertise or otherwise promote
any products or services
not provided by TPS.
c) To place the following notation on your copies: “Ó
2004- TPS. All Rights Reserved. See TPS Web Site for Access
and Use Terms for additional information and conditions of
use.”
d) TPS may, solely in its own discretion and without advance
notice, revoke the limited license regarding all of the Site
Contents or with respect to specific images, texts or other
Site features. If requested by TPS, you agree to cease using
and/or destroy any copies of the subject Content.
e) Unless expressly permitted in writing from TPS, you will
not frame, link, or commercially exploit either the Site,
Site Contents or the Site Code unless specifically authorized
by TPS to do so.
f) You are responsible for ensuring that other parties that
have access to the Site or Site Contents through your system
or with your permission agree to the SATS.
2. OWNERSHIP OF TRADEMARKS, COPYRIGHTS AND OTHER PROPRIETARY
RIGHTS
All trademarks, service marks, trade names, trade dress,
copyrights, patent rights and other proprietary rights in
or associated with the Site, the Site Contents, and Site Code
are the properties of TPS or its licensors. Nothing in these
SATS or any Site Contents shall convey an ownership interest
or a non-terminable license in any Site Contents or any Site
Code.
3. SUBMISSIONS AND USER GRANT OF LICENSE
TPS is pleased to hear from its customers and Site users.
We welcome your input. However, due to legal requirements,
we cannot provide compensation for, agree to consider, or
agree in advance to keep confidential, any submission of creative
ideas, disclosures of inventions, other disclosures of potentially
useful information, or submissions of any other content. In
order to avoid confusion and unmanageable situations, all
content submitted by you via the Site or through any contact
information provided in the Site (e.g., addresses, e-mail
addresses, telephone numbers, links) is provided with a paid-up,
perpetual, non-exclusive license, effective everywhere, to
TPS to consider, retain, copy, use, publish, modify, disclose
and otherwise exploit the content, at TPS’s sole discretion.
TPS does not, however, engage in the practice of selling Site
users identifying information to third parties. TPS may, in
its sole discretion, determine that the submission and its
contents should be kept confidential. Any or all of these
license rights can be assigned and sublicensed by TPS and
they apply to all manner of copying, display, distribution,
transmission, storage, recording or other media or means of
exploitation now known or hereafter invented. If any applicable
law, judicial decision or regulatory requirement restricts
or limits the provisions of this paragraph, TPS’s liability,
if any, will be limited in accordance with THE LIMITATION
OF LIABILITY terms in Section 6 of these SATS.
4. PUBLIC COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES
As a convenience to visitors of the Site, TPS may provide
from time to time, at its sole discretion, one or more chat
areas, message boards, e-mail functions, contact information,
polls, surveys, and other features for use by visitors to
the Site. Such features are referred to herein as “Visitor
Features.”
TPS may, in its sole discretion without advanced notice,
discontinue provision of any Visitor Features to any or all
Site visitors and may, in its sole discretion, remove any
content provided by a Site visitor. Users of Visitor Features
are bound by and must comply with the SATS, and must agree
not to do the following:
a) Transmit any content that is damaging, disruptive, obscene,
unlawful, inaccurate, defamatory, illegal or otherwise objectionable
to TPS;
b) Impersonate any other person or entity, provide false
or misleading identification or address information, or invade
the privacy or violate the personal or proprietary right of
any person or entity;
c) Intentionally or unintentionally violate any applicable
local, state, national or international law, including but
not limited to regulations having the force of law while you
are using or accessing any Visitor Features;
d) Infringe the copyrights, trademarks, or other personal
or proprietary rights of any person or entity.
TPS hopes that all of those who use and have access to the
Site will follow the SATS and otherwise conduct themselves
properly. However, TPS cannot be responsible for monitoring,
verifying or substantiating content or code provided by third-party
users of the Site. Therefore, you agree that TPS shall not
be liable for any breach of the SATS by third parties or for
other injurious behavior engaged in by third parties who use
or gain access to the Site.
5. LINKS
Unless expressly stated otherwise by TPS, TPS does not necessarily
control sites that may be linked to or from the Site. TPS
cannot monitor or otherwise evaluate such sites, and TPS is
not responsible for any of their contents, features, codes,
underlying materials, terms of access or privacy policies.
Even if you are linked to a web page other than the front
page of the linked site, you are responsible for checking
that site's terms and conditions of access and use, as well
as the site’s privacy policies. Materials on other sites
may be subject to proprietary rights and other restrictions.
LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE
IS AT YOUR SOLE DISCRETION AND RISK. If you wish to establish
a link to this Site, you must obtain a license from TPS.
6. WARRANTY DISCLAIMERS, INVESTMENT INFORMATION, DAMAGE LIMITATION,
INDEMNIFICATION
THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING
BUT NOT LIMITED TO LINKED SITE CONTENTS), AS WELL AS THE OPERATION
OF AND EFFECTS OF ACCESS TO THIS SITE AND LINKED SITES, ARE
PROVIDED “AS IS.” TPS, ITS LICENSORS AND SUPPLIERS
SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS OR IMPLIED
WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF: (1)
SUITABILITY FOR ANY PARTICULAR PURPOSE, (2) MERCHANTABILITY,
(3) COMPLETENESS, (4) ACCURACY, (5) NON-INFRINGEMENT, AND
(6) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS
INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL
COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW,
INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION
ARE NOT DISCLAIMED IN THAT JURISDICTION.
IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE,
TORT OR OTHER PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY
HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, TPS, ITS DIRECTORS,
OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS OR SUPPLIERS SHALL
NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, OR DAMAGES
FOR BUSINESS DISRUPTION OR LOSS OF INFORMATION.
TERMS REGARDING THE DEMONSTRATION, SALE, LICENSE OR USE OF
TPS’ PRODUCTS AND SERVICES MAY CONTAIN ADDITIONAL PROVISIONS
AND DISCLAIMERS.
You agree to indemnify, defend and hold harmless TPS, its
owners, affiliates, subsidiaries, transferees, assigns and
their directors, officers, employees, contractors, licensors
and suppliers against all losses, expenses, damages and costs,
including but not limited to reasonable attorneys’ fees,
resulting from any violation of the SATS by you or by others
that gain access to the Site through your system or to whom
you have provided access to Site Contents. TPS reserves the
option, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you, in which event you shall cooperate with TPS in asserting
any available defenses. You shall be responsible for any damages
or fines assessed due to violation of the SATS by you or others
that gain access to the Site through your system or to whom
you have provided access to Site Contents.
7. PRODUCTS AND SERVICES
Products and services offered through this Site may be subject
to license terms and terms of use or sale that are in addition
to, or distinct from, the SATS. Therefore, the provision and
acceptance of any such product or service shall be subject
to any additional or distinct terms supplied by TPS or the
third-party supplier(s) of the product(s) or service(s).
8. CHANGES TO SITE OR TERMS OF ACCESS AND USE
TPS reserves the right, at its sole discretion, without advance
notice, to change, modify, add or remove all or any portion
of the Site or the SATS. Changes to the SATS shall be immediately
effective when posted. You agree to review the SATS periodically
to be aware of any changes. Your access to and continued use
of the Site after the changes are posted shall constitute
acceptance of those changes. Also, events may occur that result
in disruption or discontinuation of access to the Site, removal
of specific Site Contents or corruption of Site Code. Therefore,
TPS reserves the right, without liability, to: (1) discontinue
provision of access to the Site to any and all users without
notice; and (2) remove or modify any Site Content.
9. CHANGES IN SITE OR RIGHTS OWNERSHIP
You agree that these SATS and TPS’s interests, rights,
and obligations hereunder, can be transferred by TPS to a
subsequent owner of an interest in this Site.
10. PRIVACY TERMS AND ACCESS FROM OUTSIDE THE UNITED STATES
We appreciate that you have visited our Site. Our privacy
terms are meant to ensure that the Site can operate efficiently
and be used as a tool to provide services. Sites that link
to, or are linked from, this Site may have different privacy
terms.
As with many other web sites, when you visit this Site, our
web server or system may automatically recognize and store
information. Examples of such information might include identification
of the type of internet browser used, the type of operating
system your computer has, the name of the internet service
provider, the user’s “click path,” the advertisement
or link used to gain access to the Site, and the exit link
or path from the Site. This type of non-personal information
helps us to evaluate the features of our Site and to determine
the best ways to provide our services. At times, we will share
such information with our affiliates or parties that are helping
with our Site or working with us. If you provide personal
information, such as a name and address, we may use that information
to communicate with you, or our affiliates, or parties working
with us, may use the information to communicate with you.
If any personal information is incorrect or objectionable,
please contact the TPS agent identified in Section 11 of these
SATS.
When you visit the Site, we may use the widely-used technology
called “cookies.” Cookies are bits of data sent
to your browser so that we can enhance or tailor your use
of the Site. Most internet browsers will allow you to erase
cookies from your computer’s hard drive, block acceptance
of cookies, or receive a warning that a cookie is stored.
Please note, however, that if you block cookies, some portions
of the Site may not function properly. Your computer user’s
manual or help screen may contain more information on how
to eliminate or control the use or storage of cookies.
By providing personal information to our Site, all users,
including, but not limited to, users in the European Union,
fully understand and consent to the collection and processing
of such information in the United States of America.
This Site is operated from a location in the State of Pennsylvania,
United States of America. TPS makes no representation that
the Site, the Site Contents, links, or the Site Code are appropriate
for use in countries other than the United States.
11. COMMUNICATIONS REGARDING COPYRIGHT AND OTHER MATTERS
If you believe that any Site Code, or Contents in a linked
site or in this Site, including but not limited to content
provided by third parties via Visitor Features, infringes
a copyright or other proprietary right, please forward the
following information to our Copyright Agent at the address
specified below:
a) Your name, address, telephone number, e-mail address and
other pertinent contact information;
b) A description of the copyrighted work or proprietary right
that you believe is infringed;
c) The URL or a description of where the allegedly infringing
content is located;
d) A statement by you, with respect to the copyright or other
proprietary right, that you have a good faith belief that
the disputed use is not authorized by either the owner of
the asserted right, an agent of the owner, or by operation
of law;
e) An electronic or physical signature of the person authorized
to act on behalf of the owner of the asserted right;
f) A statement by you, made under penalty of perjury, that
the above information in your notice is correct and that you
are the owner of the asserted right, or are authorized to
act on behalf of the owner; and
g) Any other information required for specific notice of
the claim and allegedly infringing item.
Our Copyright Agent and recipient for other communications
regarding the Site is:
Thermal Product Solutions
Attn: Director of Marketing Communications
2121 Reach Road
PO Box 3246
Williamsport, Pennsylvania 17701
12. JURISDICTION, DISPUTE RESOLUTION, INTERPRETATION, SEVERABILITY
AND MERGER
These SATS, and all disputes arising from or related to them,
their interpretation, or their subject matters (including
but not limited to Site Contents) shall be governed by, resolved
and remedied in accordance with the laws of the State of Pennsylvania,
USA (without resort to conflict of law principles) as it applies
to agreements entered into and to be performed entirely within
such State and to acts or omissions occurring wholly within
the State. Any claims arising from or related to the SATS
or their subject matters shall be brought and resolved only
in the appropriate State or Federal Courts located in Pennsylvania,
and you expressly consent to the jurisdiction and exclusive
venue of said courts. However, TPS, at its sole discretion,
can also institute or convert any action (no matter which
party initiates it) to an arbitration under the applicable
rules of the American Arbitration Association, said arbitration
to: (1) apply the choice of law specified above; and (2) take
place in Williamsport, Pennsylvania.
If otherwise applicable hereto, the Uniform Computer Information
Transactions Act (as adopted by any State) and the United
Nations Convention for the International Sale of Goods are
hereby agreed not to be applicable to these SATS and their
subject matters. In addition, all disclaimable or waivable
local and international provisions related to choice of law
or dispute resolution are waived or disclaimed by you in favor
of the above choice of Pennsylvania law, jurisdiction and
forums for dispute resolution.
You agree and represent that you have carefully considered
the SATS and that ambiguities, if any, shall not be enforced
against the drafter but shall be fairly read so as not to
prejudice the rights of TPS.
If any provision(s) of the SATS are deemed unenforceable
in a determination by a body with proper jurisdiction, the
Parties agree (without waiving rights of appeal) that the
unenforceable provision(s) shall be: (1) reconstituted to
approximate as closely as lawfully possible the evident intent
of the original provision(s); or (2) if option (1), above,
cannot be implemented, the unenforceable provision(s) shall
be excised from the SATS and the Parties shall negotiate in
good faith with respect to their modification. If the Parties
cannot agree to a modification, the SATS shall be enforced,
without the unenforceable provision, in a fair manner and
without undue prejudice to either Party.
These SATs comprise the entire agreement between the Parties
relating to the matters contained herein and shall not be
modified except in writing supplied by TPS.
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