These legal terms and conditions (“Terms”) govern access by visitors such as Yourself (“You” or “Your”) to the Web site at http://www.cfoam.com (“Our Site”) owned by Touchstone Research Laboratory (“We” or “Our” or “Us”). These Terms also govern Your use of any content and services on the Site. Having such access to and use of the Site (including the content of such Site) through Us is collectively referred to as “the Service(s).”
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICE OR OTHERWISE ACCESS THE SITE. You may use Our Site for legal purposes only. Your rights to use this Site may be further limited by federal law or the laws or regulations in your particular state or locality. If You have any questions or comments, please contact Us at firstname.lastname@example.org.
Your Acceptance of the Terms and Conditions
You acknowledge that the Service contains “Site Content,” which collectively refers to any of the following owned by Us or certain third parties as specified hereunder: any text, graphics, images, information, software, audio and video clips, links, logos, icons, and other material, including but not limited to proprietary and confidential information, copyrights, patents, trade secrets, trade dress, service marks and trademarks, including the Marks (as defined below). Any Site Content owned by Us is referred to herein as “Our Site Material.” Site Content may also include “Third Party Site Material” and “User Information,” both as defined below. Our Site Material may include technical inaccuracies or typographical errors. We reserve the right to make changes and updates to any information contained on Our Site without prior notice.
Rights to the Site Content
All Site Content, in whole or in part, is protected by all applicable copyright laws, international conventions or treaties, and any other intellectual property or proprietary laws, and, unless in the public domain, is owned by Us or Our licensors or affiliates, whether or not such rights are expressly identified in, or in connection with, such Site Content.
We authorize You, non-exclusively and non-transferably, to view and download a single copy of the Site Content for Your personal, noncommercial use. This authorization is not a transfer of title in the Site Content or copies of the Site Content. You agree to retain all copyright and other proprietary notices contained in the original Site Content on any copy You make of such material. You understand and agree that You may not remove, alter or cover any copyright or other proprietary notices placed on Our Site. No other license to use any of the Site Content is given or implied without the respective owner’s prior written consent. You may not transfer the Site Content to any other person unless You give him or her notice of, and s/he agrees to accept, the obligations arising under these Terms. You agree that you will not refer to or attribute any information to Us or to Our licensors in any public medium (regardless of form) for advertising, public relations, marketing or other purpose (including informing or influencing any third party). You also agree that without Our express, written permission You will not incorporate a hyperlink to Our Site into your Web site or the Web site of another including, but not limited to, links to the home page, deep links, or framed links.
Unless otherwise specified hereunder, You may not sell, rent, modify, reproduce, display, distribute, redistribute, republicize, retransmit, participate in the transfer or sale, create derivative works, or in any way exploit or otherwise use the Site Content, in whole or in part, in any way without the respective owner’s prior written consent.
The names, marks, logos and/or text appearing on the Site Content (“Marks”) are registered and unregistered trademarks owned by Us or by Our licensor or affiliate, and protected under all applicable laws. Unless otherwise specified hereunder, such Marks may not be used in any way that is not expressly authorized by Us or the respective owner, in any manner that is likely to cause confusion among members of the public about Us or Our business (or the respective owner and its business), or in any manner that disparages or discredits Us (or the respective owner and its business).
You agree that You will not copy or reproduce any Mark of Ours or of Our licensors to imply an endorsement by or relationship with Us or Our licensors.
User Rules and User Information
As a user of the Service, You agree to carefully read and abide by the Terms, including any user rules of conduct as specified below. You must be over 18 to access and use Our Site and Services. If You are over 18, You agree to take full and active responsibility to prevent the use of Our Site and Services by any children under 18 You may be responsible for as a parent or legal guardian. If You are under 18, You may not access and use the Site and Services without Your parent’s or legal guardian’s supervision.
You agree that you will not use Our Site to post, transmit or distribute, or cause to be posted, transmitted or distributed, any material that (1) violates any local, state, national or international laws; (2) violates the proprietary rights, intellectual property rights (including without limitation copyright and trademark rights), rights of privacy or publicity, moral rights, rights of attribution, or any other related rights of others; (3) is intended to advertise or solicit business including but not limited to any multi-level marketing scheme; (4) purports to be provided by another person; (5) is obscene, harassing, threatening, defamatory, libelous, or abusive; or (6) is a chain letter or part of a pyramid scheme. You may not introduce any material into Our Site that contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere with, or appropriate Our Site or any information residing on Our Site. We reserve the right to delete any information You post on Our Site that We in Our sole discretion determine to be inaccurate, violative of law or otherwise violative of Our policies.
Our Site Content is provided with the understanding that We are not engaged in rendering professional services or professional advice. You agree and understand that You do not, by merely be accessing Our Site, become Our client. You also agree and understand that nothing posted on Our Site is or is intended to be a substitute for Our professional judgment and advice. Should You wish to engage Us for any work, You must contact Us and, after suitable discussion between You and Us, We will decide whether We deem ourselves appropriate candidates for the work in question and whether We should accept Your offer.
Your Connection to Our Site
You understand and agree that You are responsible for providing all personal computer and communications equipment necessary to gain access to Our Site. You are responsible for all telephone charges for connecting to Our Site. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment (including modem), or other access device, necessary to access Our Site. Any dispute or problem regarding phone service is strictly between You and Your local phone company or long distance service provider.
We make no representation that Our Site Content is appropriate or available for use in any jurisdictions or countries other than the United States. You may not use Our Site or export Site Content in violation of U. S. export laws and regulations. Given the global nature of the Internet, You agree to comply with all local rules (from where you physically reside) regarding conduct and content via the Internet. You also agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You physically reside.
Our Management of Site Content
We reserve the right, in Our sole discretion, to establish or alter practices regarding a visitor’s use of the Service and storage of any Site Content posted on the Site. We have no responsibility or liability for the deletion or failure to store any Site Content and any other communications maintained or transmitted through the Service.
You also understand that We may not necessarily prescreen or monitor Site Content, but reserve the right, in Our sole discretion, to refuse or remove any such content available via the Service for any reason at any time and with no explanation. We reserve the right to modify, reject or eliminate any information residing on or transmitted to Our Site that We, in Our sole discretion, believe is unacceptable or in violation of these Terms.
We may preserve, disclose or review any Site Content if required to do so by law or in good faith belief that such action is reasonably necessary to comply with any legal process, enforce these Terms, respond to any claim regarding the violation of any third parties, or protect the rights, property or personal safety of Us, Our affiliates, or any visitors to Our Site.
You agree to indemnify, defend and hold harmless Us and all of Our officers, directors, agents, employees, contractors, information and service providers, licensors, licensees and affiliates (“Indemnified Parties”) from any claim or demand, including reasonable attorney’s fees and related costs, including court costs, attributable to or arising from Your posting of User Information through the Service, Your use of the Service, Your use of the Site Content, Your conduct through the Service, Your communications to third parties through the Service, Your violation of these Terms, and Your violation of any other rights related to the Service.
Termination of or Change in Service
We may immediately, at any time and in Our sole discretion, (1) terminate or limit Your use of or access to the Service, or any part thereof, or (2) remove and discard any Site Content within the Service, for any reason, including without limitation, Your lack of use, Your breach of any terms and conditions hereunder, or if We believe You violated or acted inconsistently with the letter or spirit of these Terms. We may change, suspend or discontinue any aspect of the Site or Service, or any part thereof, or impose any limits on any feature or service, including the availability of any Site feature, database, or Site Content for any reason, at any time, and without notice. You agree that We will not be liable in any way to You or to any third party for any actions We take as described herein or otherwise.
Disclaimer of Warranties
YOUR ACCESS TO THE SITE AND USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION, AND YOUR USE OF THE INTERNET GENERALLY, IS AT YOUR SOLE RISK, AND SUCH SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE AND OUR SUBSIDIARIES, LICENSEES, LICENSORS AND AFFILIATES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, FREEDOM FROM COMPUTER VIRUSES, APPROPRIATENESS, SECURITY, TIMELINESS, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO ADVICE OR INFORMATION WE PROVIDE ON OUR SITE SHALL CREATE ANY WARRANTY. ALL FIGURES AND DATA POSTED ON THE SITE ARE APPROXIMATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUBSIDIARIES, LICENSEES, LICENSORS AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER (1) WITH RESPECT TO THE CONTENT ON THE SITE, (2) WITH RESPECT TO ANY PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE OR LINKED WEBSITES, (3) THAT THE SERVICE WILL BE USEFUL OR MEET YOUR REQUIREMENTS, (4) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (5) THAT ANY INFORMATION OR RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT OR RELIABLE, (6) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, CONTENT OR ANY OTHER INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (7) THAT ANY ERRORS OR DEFECTS IN THE SERVICE, INCLUDING WITHOUT LIMITATION ANY SOFTWARE, WILL BE CORRECTED, (8) THAT THE SITE AND RELATED SYSTEM AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (9) THAT THE SERVICE IS LAWFUL.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR LOSS OF DATA RESULTING FROM SUCH DOWNLOADS OR FOR ANY OTHER REASON RELATING TO USE OF THE SERVICES, AND FOR VERIFYING ANY INFORMATION OBTAINED THROUGH THE SITE AND SERVICES.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH USE OF OUR SERVICES SHALL CREATE ANY WARRANTY, UNLESS EXPRESSLY PROVIDED IN THIS AGREEMENT.
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ON ANY OTHER BASIS, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION ON OUR SITE OR THE INTERNET GENERALLY.
We encourage You to consult other sources and confirm the information contained at any page in Our Site.
Limitation of Liability
WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, GOODWILL, USE OF THE SERVICE OR CONTENT, ACCESS TO THE SITE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE WERE ADVISED OF SUCH POSSIBILITY, OR IF SUCH LOSS WAS FORESEEABLE IN ANY WAY, IF RELATED TO: (1) ACCESS TO THE SITE, (2) USE OF OR FAILURE TO USE THE SERVICE, (3) COST OF SUBSTITUTE GOODS AND SERVICES (INCLUDING PROCUREMENT) RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH OR VIA THE SERVICES, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (5) THIRD PARTY STATEMENTS OR CONDUCT ON THE SERVICE, INCLUDING WITHOUT LIMITATION ANY UNLAWFUL, HARASSING, DEFAMATORY, ABUSIVE, THREATENING, HARMFUL, VULGAR, OFFENSIVE, OBSCENE, SEXUALLY EXPLICIT OR OTHERWISE OBJECTIONABLE CONDUCT, SPEECH OR COMMUNICATION, (6) THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, TIMELINESS, SUITABILITY, USEFULNESS OR APPLICABILITY OF ANY CONTENT, PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE, OR (7) ANY OTHER MATTER RELATED TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Digital Millenium Copyright Act Notice
Pursuant to Title II of the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on Our Site should be promptly sent in the form of written communication to Our Designated Agent:
William M. Casto
Chief Financial Officer
Touchstone Research Laboratory, Ltd.
The Millennium Centre
Triadelphia, WV 26059
Phone: (304) 547-5800
Facsimile: (304) 547-5764
Improper Use of Our Site
You agree not to impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity. You agree not to “stalk” or otherwise harass another or store personal data about other users.
If You use, or attempt to use Our Site or its Content for purposes including, tampering, hacking, modifying, or otherwise corrupting the security of Our Site, You will be responsible for all damages including, but not limited to, criminal prosecution and civil and criminal penalties.
This Agreement constitutes the entire agreement between You and Us, and supersedes any prior agreements between You and Us. You may also be subject to additional terms and conditions which may apply when You use (a) the services and products of Our business and advertising partners and any other affiliates, and (b) any third party content, software or other proprietary information. If any provision under this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. We may assign Our rights and obligations under this Agreement at any time and without notice to You. The section headings used in this Agreement are for convenience only and have no legal effect.
One Year Limit
You agree that regardless of any contrary statue or law, any claim or cause of action arising out of or related to use of the Service or these Terms, or alleged to arise out of or to be related to use of the Service or these Terms, must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
Notices to You may be sent by Us via e-mail or regular mail. We may also provide notices of changes to these Terms or other matters related to the Service by displaying notices or links to notices to You generally through the Service.
Survival of Certain Provisions
The termination of these Terms for any reason will not terminate the obligations or liabilities of the parties under these Terms regarding warranties, liabilities, proprietary rights and all others that by their sense and context are intended to survive the execution, delivery, performance, termination and expiration of these Terms.
These Terms are governed, and construed and enforced in accordance with the laws of the State of West Virginia, without giving effect to its conflicts of law rules. Before seeking legal recourse for any harm You believe You have suffered from your access to Our Site, you will give Us written notice specifying the harm and thirty (30) days to cure the harm after providing such notice. In the event that You believe You have been irreparably harmed by any cause of action relating to Us, You agree to inform Us in writing and grant Us thirty (30) days to cure the harm before initiating any action. Except for Our claim for injunctive relief in any court having jurisdiction, You and We agree to submit to the personal and exclusive jurisdiction of the West Virginia courts. By accessing the Site and using the Service, You waive any defense of an inconvenient forum and any right of jurisdiction on account of the place of residence or domicile, and You agree that You waive your right to a jury trial.
No Endorsement of Third Party Site Material
Our Site Content may include information, products or services provided by third parties on, linked to, or framed within, the Site (“Third Party Site Material”). Third Party Site Materials are the opinions and creations of the authors and/or owners identified in those materials. As such, We do not assume any responsibility or liability for any Third Party Site Material. Our publication of Third Party Site Material does not constitute Our endorsement, warranty or guarantee of any information, instruction, opinion, products or services contained within the Third Party Site Material.
You agree that You will Yourself evaluate the validity of all portions of the Site Content, including without limitation the Third Party Site Material, Our Site Material, and User Information, and bear all risks associated with the use of any such content, including without limitation, the accuracy, completeness, reliability or usefulness thereof. Under no circumstances will We be responsible for any loss or damage resulting from any reliance You place or any third party places on such information posted through the Service or transmitted by any visitor on the Site.
As a courtesy to You, Our Web Site or our business or advertising partners may provide links to other Web sites owned by third parties, or to other resources or sponsors (“Third party Sites”). Should you utilize these links, You will leave Our Site. If You decide to visit any linked site, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses or other destructive elements. Because neither the content nor the privacy practices of such Third Party Sites is within Our control, you understand and agree that We cannot and will not take responsibility for the availability of such Third Party Sites, and that we do not endorse and we are not responsible or liable for the information or content thereon or for the privacy practice at such sites. Similarly, We are not responsible or liable for products or services (including anything that could be offensive, inappropriate, inaccurate, false, misleading or in violation of applicable laws) available through such Third Party Sites. Links to such third party sites are not to be taken as Our endorsement of the Third Party Site, or any products promoted, offered or sold on the third party site, nor that such sites are free from computer viruses or anything else that has or may have destructive properties. You also agree that We are not responsible or liable for any direct or indirect damage or loss caused, or alleged to be caused, by or in connection with the use of or reliance on any such content, products or services. We can not and do not take responsibility for the collection or use of personal data from any Third Party Site. In addition, We will not accept responsibility for the accuracy of third party advertisements.
Your Communications with Business and Advertising Partners
Your correspondence with, participation in promotions by, and purchase of any products or services from any of Our business or advertising partners through the Service are communications or transactions, as the case may be, solely between You and such third parties (“Third Party Dealings”). These Third Party Dealings include without limitation Your obligations under and agreement to any terms, conditions, warranties or representations associated with such third parties. You agree that We will not be responsible or liable for any loss or damage of any type incurred as the result of any Third Party Dealings, or as the result of the presence of such third parties on the Service.
CFOAM® is a registered trademark of CFOAM LLC.