1.
ACCEPTANCE OF TERMS: Welcome to the websites of HBD/Thermoid, including
hbdthermoid.com, hbdthermoid1.com, hbdthermoid2.com, thermoid.com and
carolinarubberrolls.com. HBD Industries, Inc., HBD/Thermoid, Inc., the Thermoid
Rubber Group, Carolina Rubber Rolls and its affiliated entities are collectively
referred to herein as "Thermoid". Thermoid's mission is to help our
customers -- from manufacturers to channel partners to end users -- find answers
to the challenges they face. The Services (as defined below) provided to you and
your agents ("you" or "yours") on this website include
services provided by Thermoid's affiliated companies. These terms and conditions
of use include any posted guidelines or rules applicable to particular Services
(which may reside on multiple websites operated by Thermoid (“Site”)) and,
as updated by Thermoid from time to time, are collectively referred to as the
"Terms of Use". By using the Services, you agree to all of these Terms
of Use, which govern your use of the Site and Services. If you do not agree to
be bound by these Terms of Use, do not use or access our Services. You can
review the most current and complete version of these Terms of Use at any time.
2.
ADDITIONAL TERMS AND CONDITIONS: Additional terms
and conditions of use may be contained in written agreements between Thermoid
and you as well as in additional websites operated by Thermoid in conjunction
with the provision of Services to you.
3.
USE OF SERVICES: Thermoid currently offers the
following online services: educational information, product browsing, ordering,
and reporting/inquiry. As provided by Thermoid, these functions are collectively
referred to as the "Services". Thermoid does not guarantee continuous,
uninterrupted or secure access to the Services, and operation of the Services
may be interfered with by numerous factors outside of our control. Thermoid may
alter, augment or terminate the Services in whole or in part at any time, and
from time to time, in its sole discretion. Thermoid reserves the right to
modify, deny or suspend your access to the Services at any time without notice
to you. The information Thermoid® obtains from you will be subject to
Thermoid's Privacy
Statement. To use the Services, you will need access to the World Wide Web
and you must pay any fees/costs associated with your equipment, access charges
and the Services you obtain.
4.
REGISTRATION REQUIREMENTS: Upon completion and
approval of your registration, you will receive a password and user ID for
access to secure portions of the websites. You agree that you will be
responsible for maintaining your password as confidential and for any activity
that occurs as a result of your enabling or permitting another person or entity
to use your password. You agree to immediately notify your hbdthermoid.com
administrator or dial 1-800-543-8070 in the event that (i) your password is lost
or stolen, or (ii) you become aware of any unauthorized use of your password or
(iii) you became aware of any other breach of security that might affect the
Thermoid Services. Thermoid is not responsible for any loss or damage arising
from your failure to comply with the provisions of this Section.
5.
DISCLAIMER OF WARRANTIES: THE USE OF THE SERVICES
IS SOLELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. THERMOID EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. THERMOID MAKES NO WARRANTY THAT THE SITE OR
SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, TIMELY, SECURE,
CURRENT, ACCURATE, COMPLETE OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE
OBTAINED BY USE OF THE SITE OR SERVICES WILL BE ACCURATE OR RELIABLE. YOU
UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO
ANY DEFECT IN OR DISSATISFACTION WITH THE SITE OR SERVICES IS TO CEASE TO USE
THE SITE AND SERVICES. SEPARATE WARRANTIES AND TERMS AND CONDITIONS OF
6.
LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND
AND AGREE THAT THERMOID SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER
LOSSES (EVEN IF THERMOID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)
RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SITE OR THE SERVICES, (ii)
THE COST OF PROCUREMENT OF ANY SUBSTITUTE PRODUCTS AND/OR SERVICES RESULTING
FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES OBTAINED OR WHICH YOU WERE
UNABLE TO OBTAIN OR TRANSACTIONS EFFECTED OR FAILED TO BE EFFECTED, (iii) ANY
LINK PROVIDED IN CONNECTION WITH THE SITE OR SERVICES, OR (iv) ANY MATTER
OTHERWISE RELATED TO YOUR USE OF THE SITE OR THE SERVICES.
7.
CONDUCT ON THE SITE: You understand and agree that
all information, data, and other material provided in the Services
("Content") is the responsibility of the person or entity providing
such Content. In the event that Thermoid permits you to upload, post, email or
otherwise transmit information for display on the Site, you will be responsible
for all Content that you upload, post, email or otherwise transmit. Likewise,
you are responsible to respect third party rights with respect to all Content
that appears on the Site and not to download, email or otherwise transmit such
content in violation of such third party's rights. You agree not to use the
Services to: upload, post, email or otherwise transmit any Content that
infringes any patent, trademark, trade secret, copyright or other intellectual
property right, privacy right, or publicity right of any person or entity;
upload, post, email, or otherwise transmit any Content that is illegal, harmful,
threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, racially, ethnically, or
otherwise offensive; impersonate another person or entity, including without
limitation a representative of Thermoid, falsely represent or misrepresent your
affiliation with another person or entity, forge headers, or otherwise
manipulate identifiers that would disguise the origin of any Content transmitted
through the Services; upload, post, email or otherwise transmit any unsolicited
or unauthorized advertising, promotional materials including without limitation
initiation or perpetuation of any "Spam", "Junk Mail", or
any other potentially objectionable form of unsolicited communication, except to
the extent such an activity is clearly reasonable and appropriate (such as
advertising) and then only in areas of the Site designated for such activities;
use the Services or the Site for any purpose or in any matter that violates any
local, state, or federal law or regulation or the law or regulation of any
foreign government; collect or store personal data with respect to other users,
except as contemplated by these Terms of Use and then only for the express
purpose of providing lawful communication that may reasonably be anticipated by
other users; directly or indirectly, intentionally disrupt or interfere with the
Site or the Services in any manner that may materially adversely affect Thermoid
or any user; or upload, post, email or otherwise transmit any material that
contains software viruses or any other code, files or programs designed or known
to disable, interrupt, or limit the functionality of any computer hardware,
computer software, or telecommunications equipment or facilities.
8.
DISCLAIMER OF CONTENT: You understand and
acknowledge that Thermoid assumes no responsibility to screen or review Content
provided as part of the Services that is originated by parties other than
Thermoid, and that Thermoid shall have the right, but not the obligation, in its
sole discretion to monitor, refuse and remove any Content that is available on
the Site or through use of the Services. Thermoid expressly disclaims all
responsibility or liability to you or any other person or entity for the
performance or nonperformance of Content review. YOU ACKNOWLEDGE AND AGREE THAT
YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL CONTENT.
9.
NO RESALE OF SERVICES: You agree to use the
Services solely for your own internal business purposes and not to use or
exploit any portion of the Site or the Service for commercial purposes, such as
co-branding, framing or linking, not related to your business with Thermoid.
10.
OWNERSHIP OF CONTENT: You understand and agree
that your use of the Services entitles Thermoid to use, monitor and preserve
copies of all information and to disclose such if required to do so by law or in
the good faith belief that such disclosure will promote compliance with legal
process, enforcement of these Terms of Use, assistance in responding to claims
that Content violates the rights of third parties, protection of the personal
safety of any person, or protection of the property rights of Thermoid or any
other person or entity.
11.
LINKS: The Site may provide links to other websites. Such links are provided for your convenience and do not reflect any
endorsement by Thermoid with respect to the provider of such linked site or any
verification of the quality, reliability or any other characteristic or feature
of such linked site. Thermoid is not
responsible in any manner (including without limitation with respect to any loss
or injury you suffer) for any matter associated with the linked site, including
without limitation the content provided on or through any such linked site or
your reliance thereon. THERMOID MAKES NO REPRESENTATIONS OR WARRANTIES WITH
RESPECT TO ANY LINKED SITE: YOUR USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN
RISK. Your use of or acquisition of goods or services through any linked site is
subject to the terms and conditions applicable to that site.
12.
INDEMNITY: You agree to defend, indemnify and hold
Thermoid, its officers, directors, employees and agents, harmless from and
against any third party claim, action or demand ("Claim") and all
liabilities and settlements related thereto, including without limitation,
reasonable legal and accounting fees, resulting from, or alleged to result from,
your use of the Site, its Content or Services (including any interactive areas
of the Services) in a manner that violates these Terms of Use. Thermoid shall
provide notice to you promptly of such Claim and shall reasonably cooperate with
you, at your expense, in your defense of any such Claim.
13.
TRADEMARK INFORMATION: Thermoid® is a registered
trademark of HBD Industries, Inc. Other trademarks are owned by HBD Industries,
Inc. or its affiliated entities or are owned by and used with the permission of
their third-party owners, as indicated. You agree not to use or display
trademarks without the prior written consent of HBD Industries, Inc. or the
owner of such mark.
14.
COPYRIGHT INFORMATION: The Content is owned by
Thermoid and/or third parties and is protected under
15.
JURISDICTION AND VENUE: You and Thermoid agree
that these Terms of Use and their enforcement will
be governed by the laws of the State of Ohio, without respect to its conflict of
laws provisions and that venue with respect to any dispute between you and
Thermoid arising out of or in any way related to these Terms of Use will rest
exclusively in the courts of Franklin County and the federal district court for
the Southern District of Ohio.
16.
NOTICE: Thermoid may provide notice to you by
email, regular mail, certified mail or return receipt requested to the address
you provide to Thermoid.
17.
GENERAL PRACTICES REGARDING STORAGE: You
understand and agree that Thermoid may from time to time establish and revise
practices and limitations concerning your use of the Service. You agree that
Thermoid shall have no liability for the deletion or failure to store any
messages and other communications or other Content maintained on the Site or
transmitted using the Site or the Service.
18.
TERMINATION OR REGISTRATION: You acknowledge and
agree that Thermoid may terminate your password and/or other access privileges
and remove and discard any Content without notice to you for any reason,
including without limitation, if: (i) you do not use the Services for what
Thermoid, in its sole discretion, deems to be an extended period of time; (ii)
Thermoid believes that you have violated any of these Terms of Use, (iii) you
have otherwise acted or failed to act in any manner that Thermoid deems
objectionable. You agree that any termination of your access to the Site or the
Service shall not result in any liability or other obligation of Thermoid to you
or any third party in connection with such termination.
19.
MISCELLANEOUS: These Terms of Use constitute the
entire agreement between you and Thermoid with respect to your use of the Site
and the Services. You also may be subject to additional terms and conditions
that may apply when you use third party content or services available through
the Services. If any provision of these Terms of Useis found to be invalid by
any court having competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these Terms of Use, which
shall remain in full force and effect. The failure of Thermoid to exercise or
enforce any right or provision of these Terms of Useshall not constitute a
waiver of such right or condition. You agree that regardless of any statute or
law to the contrary, any claim or cause of action arising out of or related to
the Services or these Terms of Use must be filed within one year after such
claim or cause of action arose.
Your use of this Site is subject to these Terms of
Use. Thermoid reserves the right to change these Terms of Use from time to time,
and you agree to be bound by the Terms of Use then in effect at the time of your
use of the Site or Services. You
should review the Terms of Use regularly to ensure that you are aware of the
provisions that are in effect at the time of your use of the Site or Services.