|
|
|
|
Legal Restrictions and Terms of Use Applicable to this Website
Use of ThomasNet signifies your agreement to these Terms of Use. Please read these terms and conditions carefully before using ThomasNet.
These Terms of Use constitute a legal agreement between you and THOMAS PUBLISHING COMPANY, LLC. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use this website. If you do not accept these Terms of Use in their entirety, you may not access or use this website.
Your use of ThomasNet is subject to your adherence to, and acceptance of, the terms and conditions outlined below and the associated policies found in our privacy policy and copyright/disclaimer information. See the links below.
USER CONDUCT AND RESPONSIBILITY
ThomasNet provides its services solely to enable our users with legitimate requests for product and service information to contact the companies in the ThomasNet database and our other partners and suppliers. The ThomasNet website incorporates online collaboration applications and tools to allow anyone to obtain pricing and other information about anything, at anytime, from anywhere. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items transacted; the accuracy of the information or specifications provided; the ability of users or buyers to buy items, the ability of users or suppliers to deliver items promised or the ability of buyers to pay for items. We cannot ensure that a user, buyer or seller will actually complete a transaction or that the transaction will be completed in a satisfactory manner. We encourage you to communicate directly with potential trading partners through the tools available on the ThomasNet website or by other commercially available means that you might normally use in conducting transactions. IT IS YOUR SOLE RESPONSIBILITY TO QUALIFY THE SUPPLIER OR BUYER THAT YOU CHOOSE TO DO BUSINESS WITH.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not THOMAS PUBLISHING COMPANY, LLC or its affiliates, are entirely responsible for all Content that you upload, post, list, email, transmit or otherwise make available via the ThomasNet website. You understand that by using the ThomasNet website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will THOMAS PUBLISHING COMPANY, LLC or its affiliates, be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, listed or otherwise made available via the Service. Information is defined as any data or content you provide to us, our suppliers or partners or other users in connection with your use of the ThomasNet website, including but not limited to, the registration, quoting or project listing process, in any public message area (including any forum or feedback area) or through any email feature. You are solely responsible for any Information entered or posted by you, and we, our suppliers and partners act as passive conduits for your online distribution and publication of that Information. THOMAS PUBLISHING COMPANY, LLC does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. Furthermore, you may not list any information on the ThomasNet website (or consummate any transaction that was initiated using our service) that, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates any patent, trademark, other intellectual property rights, trade secrets or any other rights of another party. You agree that your will not use our services, website or applications for chain letters, junk mail, "spamming" or commercial solicitations or to send any message or material that (a) is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive or illegal; (b) contains viruses or other features that might contaminate or destroy this website; or (c) otherwise gives rise to liability or violates any other applicable law.
In consideration of your use of our services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself and to maintain and make reasonable efforts to promptly update the information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or which we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof). Further, your MyThomas account (including feedback) and User ID and profile information may not be transferred or sold to another party. If you are registering as a business entity, you represent that you have the authority to bind the entity to these Terms of Use.
If we become aware of or determine, in our sole discretion, that you are violating any of these Terms of Use, we may modify or terminate your privileges, with or without notice to you.
NO ENDORSEMENT
Links to other websites do not imply an endorsement of the materials disseminated by publishers at those websites, nor does the existence of a link to another website imply that the organization or person publishing at that website endorses any of the materials at this website. THOMAS PUBLISHING COMPANY, LLC is not responsible for the materials contained at any website linked to this website. In addition, you may be bound by the terms of use and privacy provisions of other websites.
TERMINATION
These Terms of Use are effective until terminated by either you or THOMAS PUBLISHING COMPANY, LLC. You may terminate these Terms of Use at any time by destroying all materials obtained from this website and all related documentation and all copies and installments thereof whether made under the terms of these Terms of Use or otherwise. This Agreement will terminate immediately without notice from THOMAS PUBLISHING COMPANY, LLC, if in THOMAS PUBLISHING COMPANY, LLC's sole discretion, you (a) fail to comply with any term or provision of these Terms of Use; or (b) are a repeat infringer of any third party's rights; or (c) engage in conduct that is illegal, tortious or that interferes with the technological operation of this website. Upon termination, you must destroy all materials obtained from this website and all copies thereof, whether made under the terms of these Terms of Use or otherwise. THOMAS PUBLISHING COMPANY, LLC may change, suspend or discontinue all or any aspect of this website at any time, without prior notice or liability to you, any other user or any third party.
DISCLAIMER
THOMAS PUBLISHING COMPANY, LLC AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." THOMAS PUBLISHING COMPANY, LLC AND ITS AFFILIATES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES SOLD THROUGH OR RECOMMENDED BY THIS WEBSITE. THOMAS PUBLISHING COMPANY, LLC DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THIS WEBSITE, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT THOMAS PUBLISHING COMPANY, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THOMAS PUBLISHING COMPANY, LLC AND ITS AFFILIATES, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THOMAS PUBLISHING COMPANY, LLC, ITS AFFILIATES, LICENSORS, CO-BRANDERS, PARTNERS OR COMPANIES THAT HAVE A PRESENCE ON THIS WEBSITE AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS AND INFORMATION PROVIDERS (COLLECTIVELY, "THOMAS PUBLISHING COMPANY PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF A THOMAS PUBLISHING COMPANY PARTY OR A THOMAS PUBLISHING COMPANY PARTY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL A THOMAS PUBLISHING COMPANY PARTY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
INDEMNITY
You agree, to the fullest extent permitted by law, to indemnify, defend and hold harmless THOMAS PUBLISHING COMPANY PARTIES from and against any claims, liability, losses, costs and expenses (including but not limited to reasonable attorneys' fees) incurred by any THOMAS PUBLISHING COMPANY PARTY in connection with any use or alleged use of this website under your password by any person, whether or not authorized by you, or any other violation of these Terms of Use by you. THOMAS PUBLISHING COMPANY, LLC reserves the right to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with THOMAS PUBLISHING COMPANY, LLC's defense of such claim.
JURISDICTIONAL ISSUES
This website is controlled and operated by THOMAS PUBLISHING COMPANY, LLC from its offices in New York, United States of America. THOMAS PUBLISHING COMPANY, LLC makes no representation that materials on this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this website is further subject to United States export controls. No software from this website may be downloaded or otherwise exported or re-exported (i) into Syria, North Korea, Iran, Iraq, Libya, Cuba or any other country to which the United States has embargoed goods; (ii) to a national or resident of same; or (iii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
MISCELLANEOUS
These Terms of Use constitutes the entire agreement between the parties relating to the subject matter herein. We reserve the right to modify these Terms of Use from time to time without notice. Please review these Terms of Use from time to time so that you will be apprised of any changes. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, United States of America without giving effect to any principles of conflicts of law. You and THOMAS PUBLISHING COMPANY, LLC consent to bring any action to enforce these Terms of Use in the federal or state courts located in New York, New York, United States of America. If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
