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Thank you for
visiting our web site. In order to provide you with the best service
possible, we want you to fully understand the terms and conditions set forth
below (our "Terms of Use") offers services and information on or through
this website. Please review these Terms of Use carefully.
By using this
website (collectively referred to in these Terms of Use as our "Website")
you agree to be bound by the terms set forth herein. We may make changes to
our Website, these Terms of Use, or the policies and conditions that govern
the use of our Website at any time. We encourage you to review our Website
and these terms periodically for any updates or changes. Your continued
access or use of our Website shall be deemed your acceptance of these
changes and the reasonableness of these standards for notice of changes. If
you do not agree and/or no longer agree to be bound by the Terms of Use, you
may not use and must immediately cease your use of the Website.
USE OF WEBSITE
You agree to use the Website for lawful purposes. You agree not to use the
service for illegal purposes or for the transmission of material that is
unlawful, harassing, libelous, invasive of another's privacy, abusive,
threatening, harmful, vulgar, obscene, or otherwise objectionable, or that
infringes or may infringe the intellectual property or other rights of
another or that violates any federal, state, or local law. You agree that
Cable and Tubing solutions or Technical Marketing Services may in its sole
discretion terminate your access to our Website, without notice, if we
believe you have in any way violated our Terms of Use.
We reserve the
right to modify or discontinue, temporarily or permanently, any or all of
the Website and/or any or all features, products, prices of products,
services or information appearing on or available through any or all of the
Website with or without notice to you. You agree that we shall not be liable
to you or any third-party for any modification or discontinuance of such
features, products, prices, services, or information on the Website or the
Website itself.
INDEMNITY
You agree to indemnify and hold Cable and Tubing solutions or Technical
Marketing Services, affiliates (and their franchisees and licensees), and
subsidiaries, officers, directors, employees, successors and assigns,
harmless from any claim, loss or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use of our
Website, your connection to our Website, your violation of these Terms of
Use, or your violation of any rights of another party. This indemnity
survives termination of these Terms of Use.
SUBMISSION OF INFORMATION OR MATERIALS
You agree to provide true, accurate, current and complete information about
yourself if and when you elect to provide personal information to us. You
also agree to maintain and promptly update any such information to keep it
accurate. Other than personally identifiable information, which is addressed
under our Privacy Policy, any and all comments, suggestions, ideas,
graphics, or other information that you transmit or post to the Website
becomes and will remain the property of Cable and Tubing solutions or
Technical Marketing Services and may be used by Cable and Tubing solutions
or Technical Marketing Services anywhere, anytime and for any reason
whatsoever. Except as may be provided in the Privacy Policy, any information
or materials submitted to Cable and Tubing solutions or Technical Marketing
Services will be treated as non-confidential and non-proprietary, and we
will not have any obligation to use or evaluate any information we receive
from you. Cable and Tubing solutions or Technical Marketing Services. will
not have to pay you or anyone else for using any ideas or other materials
that you may transmit to or post on the Website. You should rely solely on
your rights under patent, trademark, and copyright laws. The receipt or
consideration of your information by Cable and Tubing solutions or Technical
Marketing Services shall in no way impair the right of Cable and Tubing
solutions or Technical Marketing Services to contest the validity of your
patent, trademark or copyright.
LINKS
Our Website provides links to other websites or resources. These links are
for your convenience only and are not under our control. You acknowledge and
agree that Cable and Tubing solutions or Technical Marketing Services is not
responsible for the availability of such external sites or resources, and
does not endorse any such site, its use or contents and is not responsible
or liable for any content, advertising, products, or other materials on or
available from such websites or resources. You agree that Cable and Tubing
solutions or Technical Marketing Services shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with your use of or reliance on any such
content, goods or services available on such external sites or resources. In
the event you decide to access or use any of these other websites or
resources, you agree you do so at your own risk.
OUR PROPRIETARY RIGHTS
The Website is owned and operated by Cable and Tubing solutions or Technical
Marketing Services. The contents of the Website are 2003 Cable and Tubing
solutions or Technical Marketing Services All Rights Reserved. You
acknowledge and agree that all content, including but not limited to text,
software, music, sound, photographs, graphics, video, or other material
contained in advertisements or information presented to you on our Website
is protected by our or other third parties' copyrights, trademarks, service
marks, patents, or other proprietary rights and laws. Cable and Tubing
solutions or Technical Marketing Services authorizes you to view and
download materials at the Website only for your personal, non-commercial
use, provided you retain all copyright and proprietary notices contained in
the original materials on any copies of the materials. You may not modify
the materials on the Website in any way or reproduce or publicly display,
perform, distribute, transmit, create derivative works of, or otherwise use
them for any public or commercial purpose. Any use of these materials on any
other website (including without limitation, displaying this Website or any
material displayed on or that can be downloaded from this Website in frames
on another website without Cable and Tubing solutions or Technical Marketing
Services' express written permission) is prohibited.
SALE OF PRODUCTS
You may be provided with the opportunity to purchase products through the
Website and/or from third party websites linked to the Website. Products
purchased through the websites of others are subject to the terms and
conditions of such other parties and their websites, and Cable and Tubing
solutions or Technical Marketing Services shall have no liability or
responsibility therefore.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR WEBSITE IS AT YOUR SOLE RISK AND IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
CABLE AND TUBING
SOLUTIONS OR TECHNICAL MARKETING SERVICES AFFILIATES (AND THEIR FRANCHISEES
AND LICENSEES) AND SUBSIDIARIES (COLLECTIVELY, "AFFILIATES") EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. CABLE AND TUBING SOLUTIONS OR
TECHNICAL MARKETING SERVICES AND ITS AFFILIATES MAKE NO WARRANTY, EXPRESS OR
IMPLIED, THAT THE WEBSITE OR ANY SERVICES, PRODUCTS, OR INFORMATION OBTAINED
ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CABLE AND TUBING
SOLUTIONS OR TECHNICAL MARKETING SERVICES OR ITS AFFILIATES MAKE ANY
WARRANTY, EXPRESS OR IMPLIED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION OBTAINED ON
OR THROUGH THE WEBSITE OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY
THEREOF. CABLE AND TUBING SOLUTIONS OR TECHNICAL MARKETING SERVICES. MAKES
NO COMMITMENT TO UPDATE OR CORRECT ANY INFORMATION THAT APPEARS ON THE
WEBSITE OR ANY WEBSITE LINKED HEREUNDER.
YOU UNDERSTAND AND
AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF OR FROM THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE OR NONUSE OF SUCH
INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR INFORMATION AND ANY BODILY INJURY. CABLE AND TUBING SOLUTIONS OR
TECHNICAL MARKETING SERVICES AND ITS AFFILIATES MAKE NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE WEBSITE OR
ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CABLE AND TUBING SOLUTIONS OR
TECHNICAL MARKETING SERVICES OR THROUGH OR FROM ANY SERVICE OR PRODUCT ON
THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
YOU AGREE THAT
CABLE AND TUBING SOLUTIONS OR TECHNICAL MARKETING SERVICES AND ITS
AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE WEBSITE OR ANY SERVICES, PRODUCTS OR INFORMATION
OBTAINED ON OR THROUGH THE WEBSITE, EVEN IF CABLE AND TUBING SOLUTIONS OR
TECHNICAL MARKETING SERVICES OR ITS AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM:
PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH
THE WEBSITE; LINKING TO ANY THIRD PARTY WEBSITE FROM THE WEBSITE; ANY
UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE WEBSITE AND/OR SUBMITTED BY
YOU TO OR THROUGH THE WEBSITE; COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES; ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; AND/OR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES.
YOU FURTHER AGREE
THAT CABLE AND TUBING SOLUTIONS OR TECHNICAL MARKETING SERVICES AND ITS
AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION,
SUSPENSION OR TERMINATION OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT,
NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
DOMESTIC USE; EXPORT RESTRICTION
We control the Website from our offices within Canada. We make no
representation that the Website or its content (including, without
limitation, any products or services available on or through the Website)
are appropriate or available for use in other locations. Users who access
the Website from outside the Canada do so on their own initiative and must
bear all responsibility for compliance with local laws, if applicable.
Further, the Canadian export control laws prohibit the export of certain
technical data and software to certain territories. No content from the
Website may be downloaded in violation of Canadian law.
APPLICABLE LAW; JURISDICTION
Any claim relating to the Website, our Terms of Use, and the relationship
between you and us shall be governed by the laws of Ontario, Canada without
regard to its conflict of law provisions. You and CABLE AND TUBING SOLUTIONS
OR TECHNICAL MARKETING SERVICES agree to submit to the personal and
exclusive jurisdiction of the courts located within Ontario, Canada.
GENERAL
These Terms of Use and our Privacy Policy constitute the entire agreement
between you and CABLE AND TUBING SOLUTIONS OR TECHNICAL MARKETING SERVICES
with respect to the Website; provided, however, that certain provisions of
these Terms of Use may be superceded by expressly designated legal notices
or terms which may be located on particular pages on the Website. Our
failure to exercise or enforce any right or provision of these Terms of Use
shall not constitute a waiver of such right or provision by us. If any
provision of these Terms of Use is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of our Terms of Use remain in full
force and effect. Your agree that regardless of any statute or law to the
contrary, any claim or cause of action arising out of or related to use of
the Website or our Terms of Use must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
These Terms of Use
were last updated on July 1, 2003.
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