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Thermatool Corp. Agreement Terms Under Which This Service is Provided |
| Restrictions on Use: |
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This site is owned and operated by Thermatool Corp. and contains material which is derived
in whole or in part from material supplied by Thermatool Corp., and other sources, and is
protected by copyright and trademark laws. You may not modify, copy, reproduce, republish,
upload, post, transmit, or distribute in any way any material from this site including
code and software ("MATERIAL"). You may download MATERIAL from this site for
your personal, non-commercial use only, provided you keep intact all copyright and other
proprietary notices.
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| License to Thermatool Corp: |
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By posting messages, uploading files, inputting data, or engaging in any other form of
communication (a "COMMUNICATION") through this service, you are granting
Thermatool Corp. a royalty free, perpetual, non-exclusive, unrestricted, worldwide license
to:
- Use, copy, sublicense, adapt, transmit, or display any such COMMUNICATION; and
- Sublicense to third parties the unrestricted right to
exercise any of the foregoing rights granted with respect to the COMMUNICATION.
The foregoing grants shall include the right to
exploit any proprietary rights in such COMMUNICATION, including but not limited to rights
under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction.
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| Disclaimer: |
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THE MATERIALS IN THIS SITE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, THERMATOOL CORP. DISCLAIMS ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, THERMATOOL CORP. DOES NOT WARRANTY THAT THE
FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING BULLETIN BOARDS, OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THERMATOOL CORP. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS IN THIS SITE OR IN THIRD PARTY SITES IN TERMS OF THEIR
CORRECTNESS, ACCURACY, TIMELINESS. RELIABILITY, OR OTHERWISE. YOU (AND NOT Thermatool
Corp.) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR, OR CORRECTION.
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| Bulletin Boards: |
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This service may include bulletin boards and chat rooms ("BULLETIN BOARDS")
which allow feed-back to Thermatool Corp. and real-time interaction between users.
Thermatool Corp. does not control the messages, information or files delivered to BULLETIN
BOARDS. It is a condition of your use of the BULLETIN BOARDS and the Web site that you do
not:
- restrict or inhibit any other user from using and enjoying the BULLETIN BOARDS.
- post or transmit any unlawful, threatening, abusive,libelous, defamatory, obscene,
vulgar, pornographic, profane, or indecent information of
any kind, including without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil liability or
otherwise violate any local, state, national, or international law;
- post or transmit any information, software, or other
material which violates, or infringes in the rights of others, including material which is
an invasion of privacy or publicity rights or which is protected by copyright, trademark,
or other proprietary right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder;
- post or transmit any information, software or other
material which contains a virus or other harmful component; and
- post or transmit or in any way exploit any
information, software or other material for commercial purposes or which contains
advertising.
You understand that Thermatool Corp. has no
obligation to monitor the BULLETIN BOARDS. However, Thermatool Corp. reserves the right at
all times to disclose any information as necessary to satisfy any law, regulation or
governmental request, or to edit, refuse to post or to remove any information or
materials, in whole or in part, that in Thermatool Corp’s sole discretion are
objectionable or in violation of these Terms and Conditions.
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| Limitation of Liability: |
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Under no circumstances, including, but not limited to, negligence, shall Thermatool Corp.,
its subsidiary and parent companies, or affiliates be liable for any direct, indirect,
incidental, special or consequential damages that result from the use of, or the inability
to use Thermatool Corp's materials. You specifically acknowledge and agree that Thermatool
Corp. is not liable for any defamatory, offensive or illegal conduct of any user.
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| Termination: |
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This Agreement is effective until terminated by Thermatool Corp., at any time without
notice. In the event of termination, you are no longer authorized to access the BULLETIN
BOARDS and the restrictions imposed on you with respect to material download from the
BULLETIN BOARDS, the disclaimers and limitations of liabilities set forth in this
Agreement, shall survive.
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| Other: |
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This Agreement shall be governed by and construed in accordance with the laws of the State
of Connecticut without giving effect to any principles of conflicts of law. If any
provision of this Agreement shall be unlawful, void, or for any reason unenforceable then
that provision shall be deemed severable from this Agreement and shall not affect the
validity and enforceability of any remaining provisions.
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