PLEASE
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.
Your use of True Manufacturing’s website (the “Site”) is expressly
conditioned on your acceptance of the following terms and conditions.
By using the Site, you signify your assent to these terms and
conditions. If you do not agree with any part of the following terms
and conditions, you must not use the Site.
1. OWNERSHIP. Except for items in the
public domain, the information, photos, graphics, programs, services,
processes, designs, software, technologies, trademarks, trade names,
inventions and all other materials comprising the Site (collectively, the
"Materials"), are wholly owned by (or licensed to) True
Manufacturing and/or its content providers. The Site contains
copyrighted material, trademarks, and other proprietary information
including, without limitation, text, software, photos, video, graphics,
music and sound, and the entire contents of the Site is copyrighted under
the United States copyright laws. True Manufacturing owns a
copyright in the selection, coordination, arrangement, and enhancement of
such content as well as in any original content. Nothing contained
on this site should be construed as granting, by implication, estoppel,or
otherwise, any license or right to use any of the Materials without the
written permission of True Manufacturing or such other party that may own
the Materials.
2. USE OF SITE. Except for your
non-commercial personal use, the Site, in whole or in part, may not be
sold, reproduced, published, broadcasted via radio or television, or
redistributed in any medium, directly or indirectly, for any commercial or
non-commercial purpose, or used for advertising or any other purpose
other. Unauthorized use of the Site and/or the Materials may violate
applicable copyright, trademark or other intellectual property laws or
other laws. You must retain all copyright and trademark notices,
including any other proprietary notices, contained in the materials.
The use of such materials on any other website or in any environment of
networked computers is prohibited. You are prohibited from posting
or transmitting any unlawful, threatening, libelous, defamatory, obscene,
indecent, inflammatory, pornographic or profane material or any material
that could constitute or encourage conduct that would be considered a
criminal offense, give rise to civil liability, or otherwise violate any
law.
By uploading or otherwise submitting a file or other information
("Contribution") to the Site, you automatically grant, or
warrant that the copyright owner of the Contribution has expressly
granted, to True Manufacturing a perpetual, royalty-free, irrevocable,
worldwide, non-exclusive right and license to use, reproduce, publicly
display and/or perform, modify, store, publish, adapt, translate, create
derivative works from, and/or distribute the Contribution (in whole or
part) and/or to incorporate it in other works in any medium now known or
hereafter developed for the full term of any copyright that may exist in
the Contribution, as if the Contribution were public domain information.
You similarly permit any Internet user to download, store, manipulate,
reformat, view, print and display the Contribution for that user’s
personal use.
3. AGE AND RESPONSIBILITY. You
represent that you are of sufficient legal age to use the Site and to
create binding legal obligations for any liability you may incur as a
result of the use of the Site. You understand that you are
financially responsible for all uses of the Site by you and those using
your login information.
4. PRIVACY. You have read the True
Manufacturing Privacy Policy, the terms of which are incorporated herein,
and agree that the terms of such policy are reasonable. You consent
to the use of your personal information by True Manufacturing and/or its
third party providers and distributors in accordance with the terms of and
for the purposes set forth in the True Manufacturing Privacy Policy.
5. NO WARRANTIES AND LIMITATION OF
LIABILITY. Your use of the Site is at your sole risk. You
assume full responsibility and risk of loss resulting from the downloading
and/or use of files or other material (including software) obtained
through the Site. Neither True Manufacturing nor any of its content
providers endorse or stand behind the accuracy, truthfulness or
reliability of any information provided on or by means of True
Manufacturing.
THE SITE IS PROVIDED "AS IS", AND NEITHER TRUE MANUFACTURING NOR
ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR
THE LIKE MAKES ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
REGARDING THE USABILITY, CONDITION OR OPERATION THEREOF. No oral
advice or written information given to you by True Manufacturing or any of
its content providers, agents, or the like shall create any warranty.
Neither True Manufacturing nor any of its content providers, agents, or
the like warrants that access to, or use of, the Site will be
uninterrupted, virus free, or error-free, or that the Site (including,
without limitation, any content on the Site) will meet any particular
criteria of performance or quality. TRUE MANUFACTURING, ON BEHALF OF
ITSELF AND ALL OF ITS CONTENT PROVIDERS, AGENTS AND THE LIKE, HEREBY
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER
EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY
AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE,
COMPATIBILITY, SECURITY, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A
PARTICULAR PURPOSE (WHETHER OR NOT TRUE MANUFACTURING KNOWS, HAS REASON TO
KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH
PURPOSE), IN EACH INSTANCE IN RESPECT OF THE SITE. FURTHERMORE, TRUE
MANUFACTURING, ON BEHALF OF ITSELF AND ALL OF ITS CONTENT PROVIDERS,
AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF
TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE SITE.
6. LIMITATION OF LIABILITY. True
Manufacturing and all of its content providers, agents and the like, in
each instance will not be liable for (a) any direct, indirect, incidental,
consequential and/or special damages arising out of your use of, or
inability to use, the Site, and you hereby waive any claims with respect
thereto, whether based on contractual, tort or other grounds, even if True
Manufacturing has been advised of the possibility of such damages, and/or
(b) damages or injury caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or
transmission, computer virus, communication line failure, theft or
destruction or unauthorized access to, alteration of, or use of any file,
in each instance whether for breach of contract, tortious behavior,
negligence, or under any other cause of action. For further clarity, in
all events, True Manufacturing and all of its content providers, agents
and the like shall not be liable for the defamatory, offensive, or illegal
conduct of other users of the Internet.
7. Some jurisdictions do not allow implied
warranties to be excluded or modified or liability to be limited, so not
all of the above limitations may apply to you.
8. The provisions of this Section 6 and
Section 5 above represent a reasonable allocation of the risks under this
Agreement. True Manufacturing's willingness to allow you to use the
Site reflects this allocation of risk and the limitations of liability
specified herein.
9. INDEMNIFICATION. You agree to
indemnify True Manufacturing and all of its content providers, agents and
the like, in each instance from and against any and all claims, suits,
liabilities, expenses (including, without limitation, attorneys' fees),
and/or damages arising out of claims based upon use your use of the Site
including, without limitation, any claim of libel, defamation, violation
of legal rights of others (including rights of privacy or publicity), loss
of service by other subscribers and/or infringement of intellectual
property or other rights.
10. LINKS. The Site may contain links to websites operated by
parties other than True Manufacturing. Such links are provided for
your reference only. True Manufacturing does not control such
websites and is not responsible for their contents. True
Manufacturing makes no representation or warranty regarding any other
websites or the contents or materials on such websites. The Site’s
inclusion of links to other websites does not imply True Manufacturing’s
endorsement of the material on the websites or any association with their
operators. Any concerns regarding any such service or resource, or
any link thereto, should be directed to the particular service or resource
11. GOVERNING LAW. This Agreement and its performance shall be
governed by the laws of the state of Missouri, United States of America,
without regard to its conflict of law provisions. You consent and
submit to the exclusive jurisdiction of the state and federal courts
located in St. Louis County, the state of Missouri, United States of
America, in all questions and controversies arising out of your use of
this site and this Agreement.
12. NO WAIVER. The failure of either party to insist upon or
enforce strict performance by the other party of any provision of these
Terms and Conditions shall not be construed as a waiver of any provision
or right. Neither the course of conduct between you and True
Manufacturing nor the trade practice shall modify any provision of these
Terms and Conditions.
13. MODIFICATION. True Manufacturing may at any time modify
these terms and conditions and your continued use of this site will be
conditioned upon the terms and conditions in force at the time of your
use.
14. ADDITIONAL TERMS. Additional terms and conditions may
apply to purchases of goods and services and other uses of portions of the
Site, and you agree to abide by such other terms and conditions.
15. SEVERABILITY. These terms and conditions shall be deemed
severable. In the event that any provision is determined to be
unenforceable or invalid, such provision shall nonetheless be enforced to
the fullest extent permitted by applicable law, and such determination
shall not affect the validity and enforceability of any other remaining
provisions.
16. INTELLECTUAL PROPERTY NOTICES. All contents of the Site
are Copyright © 2001 True Manufacturing, Inc. and/or its suppliers, True
Manufacturing, St. Charles Industrial Center, O'Fallon, MO 63366 U.S.A.
All rights reserved. True Manufacturing and other names of True
Manufacturing services referenced in the Site are trademarks or registered
trademarks of True Manufacturing, Inc. Other product and company
names mentioned in the Site are the trademarks of their respective owners.
17. ENTIRE AGREEMENT. These terms and conditions, together
with those incorporated herein or referred to herein constitute the entire
agreement between us relating to the subject matter hereof, and supersedes
any prior understandings or agreements (whether oral or written) regarding
the subject matter, and may not be amended or modified except in writing
or by making such amendments or modifications available on this Site.
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