TERMS AND CONDITIONS
The manufacturer of Thermal Shield® products, owner and operator of this website (the "Company") requires all visitors to this website (www.thermalshield.net, the "Site") to agree to these Terms and Conditions. By accessing this Site you indicate your acknowledgment and acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, you should not use this Site.
This Site and all the materials in this Site, including without limitation, text, images, illustrations, posts, graphics, sound files, animation, video and/or their arrangement on this Site (the "Content") are property of the Company, its affiliates, parents, subsidiaries, affiliates and licensors, and are protected from unauthorized copying and dissemination in any way without the prior written consent of the Company, by copyrights that are owned or licensed by the Company and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, distribute or otherwise exploit any Contents from the Site or any other website owned or operated by the Company without the prior written permission of the Company. However, you may download or make one copy of the Contents, provided that the same are not used for any commercial purpose, distributed to third parties or offered for sale to third parties, and further provided that all copyright and other information included in the Contents are left intact. Any modification of the Contents, or any portion thereof, or use of the Contents for any other purpose constitutes an infringement of the Company’s copyrights and other proprietary rights. Neither title nor intellectual property rights are transferred to you by access to this Site, but remain with the Company, who owns full and complete title to the Contents in this Site.
All remarks, suggestions, ideas, graphics, or other information communicated to the Company through this Site (collectively the "Submission") will forever be the property of the Company. The Company will not be required to treat any Submission as confidential, will not be responsible for compensating you for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Company operations. Without limitation, the Company will have the exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. The Company will be entitled to use the Submission for any commercial or other purposes whatsoever without compensation to you or other persons sending a Submission to this Site. By accessing this Site, you acknowledge that you are responsible for whatever material you submit, and you, not the Company have full responsibility for the message, including its legality, reliability, appropriateness, originality and non-infringement.
NO WARRANTIES OR REPRESENTATIONS
THE INFORMATION AND MATERIALS CONTAINED IN THIS SITE ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THERE IS NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, FUNCTIONALITY, RELIABILITY, PERFORMANCE, VALIDITY OR OTHERWISE OF ANY CONTENTS ON THE SITE, AND NO WARRANTY THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you. This disclaimer applies to all Contents, products and services available through this Site. The Contents in this Site may include technical inaccuracies or typographical errors and the Company may make changes or improvements at any time. Therefore, the Company cannot be liable for your reliance on this Site for any purpose.
You (and not the Company) assume the entire cost of all necessary servicing, repair or correction of your hardware or software resulting or caused by your use of this Site. By using this Site you agree to indemnify the Company, its officers, directors, employees, successors, agents, distributors and affiliates, for any and all claims, damages, losses and causes of action (including attorney’s fees) arising out or relating to your breach or alleged breach of these Terms and Conditions.
LIMITATION OF LIABILITY
NEITHER THE COMPANY, NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE ARE RESPONSIBLE OR LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR ANY DAMAGES WHATSOEVER THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS SITE, EVEN IF THE COMPANY (OR ANY THIRD PARTY POSTING INFORMATION ON THIS SITE) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
There may be occasions when the Company obtains personally identifiable information to provide the visitor with correspondence or otherwise. However, the Company only gathers personally identifiable information, such as names, addresses, e-mail addresses, etc., when a visitor voluntarily submits the same. Such personally identifiable information, which may be gathered in connection with the Company’s on-line visitors, is used solely by the Company and is not sold, transferred or otherwise disseminated to third parties outside the Company.
This Site may be linked to other sites, which are not maintained by the Company. The Company is not responsible for the content of those sites. This links are provided for your convenience only and you access them at your own risk. In addition, a link to any other website does not imply that the Company endorses or accepts any responsibility for the content or use of such other site.
The Company’s products and services are available in many states throughout the United States of America. However, the Company’s Site may describe products and services that are not available in every state and/or other countries.
The Company operates the Site from its offices within the United States of America. The Company makes no representations that the Content and materials on the Site are legal or appropriate for use from outside the United States of America. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws.
The provisions of these Terms and Conditions are intended to be severable and the invalidity or unenforceability of one provision shall not affect the validity or enforceability of any other provision.
Thermal Shield® is a registered trademark of the Company and may not be used for any purpose without the express written agreement of the Company. All other trademarks, trade names, product names and company names or logos cited herein are the property of their respective owners.
The Company does not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
These Terms and Conditions will be governed and interpreted pursuant to the laws of the State of North Carolina, United States of America, notwithstanding any principles of conflict of laws. This is the entire agreement between the parties relating to the use of this Site.