THERMO-TWIN INDUSTRIES, INC.  TERMS OF USE FOR WEB SITE

Please read carefully the following legal agreement before using the Thermo-Twin Web Site (the “Site”).  By using this Site, you are signifying that you agree to these terms of use.  If you do not agree to these terms of use, please disconnect from the Site now and do not use the Site

1.            THIS IS AN AGREEMENT BETWEEN YOU AND THERMO-TWIN.  This is an agreement ("Agreement") between you and Thermo-Twin Industries, Inc.  ("Thermo-Twin", “we”, “us” or “our”).  Your use of the Site constitutes your acceptance of this Agreement.  This Agreement constitutes the entire and only agreement between you and Thermo-Twin and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, its content, and the subject matter of this Agreement.  Additional terms and conditions applicable to specific areas of the Site or to particular content or transactions may also be posted in other areas of the Site and, together with these Terms of Use, govern your use of those areas.

2.            WE MAY MODIFY THIS AGREEMENT.  We may change the terms, conditions, and notices under which we offer the Site without specific notice to you.  You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the Site.  Your continued use of the Site after the effective date of such changes constitutes your acceptance of and agreement to such changes. 

3.            INFORMATION AVAILABLE FROM THE SITE.  Thermo-Twin does not warrant or guarantee the accuracy or timeliness of any information available from the Site.  Thermo-Twin does not authorize the use of information available from the Site for any purpose other than your use in purchasing, or researching information about, products and services from Thermo-Twin, and we prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.  Nothing contained in the Site is intended to constitute professional advice, including but not limited to advice related to the selection of products for a particular purpose. 

            The Site contains information and press releases about us.  While this information was believed to be accurate as of the date it was prepared, we disclaim any duty or obligation to update this information.

4.            TYPOGRAPHICAL ERRORS.  In the event that a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we reserve the right to refuse or cancel any orders placed for any product listed on the Site at an incorrect price.  Thermo-Twin shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.  If your credit card has already been charged for the purchase and your order is canceled, we shall promptly issue a credit to your credit card account in the amount of the cancelled order.

5.            USER CONDUCT.  You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content.  You Agree not to use the Site in any manner that might interfere with the rights of Third Parties.

6.            DISCLAIMER AND LIMITS.  THE INFORMATION FROM OR THROUGH THE SIDE IS PROVIDED "AS IS" AND "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).  THERMO-TWIN DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. 

7.            LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY.  IN NO EVENT WILL THERMO-TWIN BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE) ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE SITE.  THE EXCLUSION OF DAMAGES UNDER THIS SECTION 7 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.  THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM OR ARE BASED ON (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) TORT (INCLUDING NEGLIGENCE), (4) PRODUCTS LIABILITY, OR (5) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.  THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.  THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 

IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST THERMO-TWIN WITH RESPECT TO THIS AGREEMENT OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER HARMFUL COMPUTER CODE CONTAINED WITHIN THE SITE OR ON FILES AVAILABLE FOR DOWNLOAD IS DISCLAIMED.  WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.

8.            CHANGES TO THE SITE; ADDITIONAL LIABILITY LIMITATION.  Thermo-Twin may change the site or delete information, documents, features, or any other content in any way, at any time and for any reason.  As you use the Site, you should expect to access or use information, materials, graphics, data and content (collectively, "Content") originated by Thermo-Twin and persons other than Thermo-Twin (any such person is referred to as a "Third Party").  WITHOUT LIMITING THE GENERALITY OF SECTIONS 6 AND 7, YOU ACKNOWLEDGE AND AGREE THAT THERMO-TWIN IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING OR INACCURATE CONTENT, (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA; (3) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (4) ANY OTHER MATTER RELATING TO THE SITE, SERVICE, CONTENT OR ANY THIRD PARTY SITE OR SOFTWARE, EVEN IF THERMO-TWIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 6 AND 7, YOU ACKNOWLEDGE AND AGREE THAT THERMO-TWIN IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE SITE.  YOU AGREE THAT THERMO-TWIN IS NOT RESPONSIBLE FOR THE AVAILABILITY OF, AND CONTENT PROVIDED ON, THIRD PARTY SITES.  THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 6, 7 AND 8 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.  IN SUCH STATES WHERE EXCLUSION OR LIMITATION OF LIABILITY IS NOT PERMITTED, THERMO-TWIN’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW BUT SHALL NOT, IN ANY EVENT, EXCEED FIFTY DOLLARS ($50.00).

9.            YOU HAVE LIMITED TIME TO BRING YOUR CLAIM.  YOU AND THERMO-TWIN AGREE THAT ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 

10.            INDEMNIFICATION.  You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates harmless from any liability, loss, claim and expense, including but not limited to reasonable attorneys’ fees and direct, indirect, special, punitive, incidental, or consequential damages, related to your violation of this Agreement or use of the Site.

11.            USE OF INFORMATION.  We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you.

12.            LINKS TO OTHER WEB SITES.  The Site may contain links to other Web sites.  We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us.  Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us.  If you decide to leave our Site and access these third-party sites, you do so at your own risk.

13.            TERMINATION.  Thermo-Twin may terminate this Agreement, or terminate or suspend access to the Site at any time, with or without cause, with or without notice. 

14.            CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.  Claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the Commonwealth of Pennsylvania, without reference to conflict of laws principles.  You hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Allegheny County, Pennsylvania, USA in all disputes arising out of or relating to the use of the Site. 

15.            INTERPRETING THE AGREEMENT; ASSIGNMENT.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.  Thermo-Twin may assign this Agreement, in whole or in part, at any time with or without notice to you.  You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Site.  The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. 

16.            COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS.  The content, organization, graphics, design, logos, compilation, magnetic translation, digital conversion and other matters appearing on or related to the Site are protected under applicable copyright, trademark and other proprietary rights and all rights are reserved by Thermo-Twin.  The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 3, is strictly prohibited.  You do not acquire ownership rights to any content, document or other materials viewed through the Site.  The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. 

You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site except as expressly permitted by this Agreement, including but not limited to “screen scraping”, “database scraping”, or similar practices to obtain lists of users or other information.  You may not mirror or frame the home page or any other pages of the Site on any other Web site or Web page.  You may not connect “deep links” to the Site (i.e., create links to this Site that bypass the home page or other parts of the Site).

The names of other companies and products mentioned herein may be the trademarks of their respective owners.  Any rights not expressly granted herein are reserved.

17.            COPYRIGHTS AND COPYRIGHT AGENTS.  We respect the intellectual property of others, and we ask you to do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information: 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 

Our Copyright Agent for Notice of claims of copyright infringement on the Site is James E. Summerville, who can be reached as follows: