This Internet site (this “Site”)
is operated by Therma-Tru Corp. (“Therma-Tru”). Your use of
and access to this Site is conditional upon your acceptance
of these Terms of Use including our Privacy
Policy. We reserve the right, in our sole discretion, to
modify or update these Terms of Use from time to time with immediate
effect. It is your responsibility to review these Terms of Use
periodically for updates.
AFTER READING THIS PAGE, IF FOR ANY REASON YOU DO NOT AGREE
WITH OR CANNOT ABIDE BY THESE TERMS OF USE OR OUR PRIVACY POLICY,
PLEASE EXIT THIS SITE IMMEDIATELY. OTHERWISE BY ACCESSING AND
USING THIS SITE, YOU ARE AGREEING TO THESE TERMS OF USE AND
OUR PRIVACY POLICY.
Rights to Contents and Intellectual Property
The copyrights to all materials, content and lay-out of this
Site (including text, user and visual interfaces, images, look
and feel, design, sound, etc. and any underlying software and
computer codes) are proprietary to Therma-Tru, its parents,
affiliates, subsidiaries, or third party licensors. You may
not copy, reproduce, post on any other website, republish, upload,
encode, modify, translate, publicly perform or display, commercially
exploit, distribute or transmit any portion of this Site or
make any derivative works from this Site in any way without
Therma-Tru’s express prior written consent.
Any name, logo, trademark, service mark, patent, design, copyright
or other intellectual property appearing on this Site is owned
or licensed by Therma-Tru or its parents, affiliates or subsidiaries
and may not be used by you without the prior written consent
of Therma-Tru or the appropriate owner. Your use of this Site
does not grant you any right, title, interest or license to
any such intellectual property appearing on the Site.
Any unauthorized use of the content of this Site may subject
you to civil or criminal penalties.
Use of this Site
Therma-Tru maintains this Site for your personal entertainment,
information and education. You should feel free to browse the
Site and may download material displayed on the Site for non-commercial,
lawful, personal use only provided all copyright and other proprietary
notices contained on the materials are retained and such information
is not modified, copied or posted on any networked computer
or broadcast in any media. All other copying (whether in electronic,
hard copy or other format) is prohibited and may breach intellectual
property laws and other laws world-wide. All commercial use
of all or part of this Site is prohibited except with Therma-Tru’s
express prior written consent. All rights not expressly granted
here are reserved to Therma-Tru.
You may not use any computer program tools including, but not
limited to, web spiders, bots, indexers, robots, crawlers, harvesters,
or any other automatic device, program, algorithm or methodology,
or any similar or equivalent manual process (“Tools”) to access,
acquire, copy or monitor any portion of the Site or any content,
or in any way reproduce or circumvent the navigational structure
or presentation of the Site or any content, to obtain or attempt
to obtain materials, documents or information through any means
not purposely made available through the Site. Tools that use
the Site shall be considered agents of the individual(s) who
control or author them.
No Warranties
THERMA-TRU DOES NOT PROMISE THAT THIS SITE OR ANY CONTENT, SERVICE
OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED,
OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE
SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT
ARE PROVIDED "AS IS" AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSES, NON-INFRINGEMENT OR ACCURACY.
Therma-Tru also assumes no responsibility, and shall not be
liable for any such damages caused by viruses or other forms
of contamination or destructive features that may effect your
computer equipment, software, data or other property on account
of your access to, use of, or browsing in the Site or your downloading
of any materials, text, images, video or audio from the Site
or any linked sites.
Limitation of Liability
In no event shall Therma-Tru, its parents, affiliates, subsidiaries
and services providers, or the officers, directors, employees,
shareholders, or agents of each of them, be liable for any damages
of any kind, including without limitation any direct, special,
incidental, indirect, exemplary, punitive or consequential damages,
including lost profits, whether or not advised of the possibility
of such damages, and on theory of liability whatsoever, arising
out of or in connection with the use or performance of, or your
browsing in, or your links to other sites from, this Site. You
acknowledge by your use of the Site, that your use of the Site
is at your sole risk. Certain laws do not allow limitations
on implied warranties or the exclusion or limitation of certain
damages; if these laws apply to you, some or all of the above
disclaimers may not apply, and you might have additional rights.
Indemnification
You agree to defend, indemnify and hold Therma-Tru harmless
from and against any and all claims, damages, costs and expenses,
including reasonable attorneys’ fees, arising from or related
to your use of the Site.
On-Line Stores; Promotions
Additional terms and conditions may apply to purchases of goods
or services and to specific portions or features of the Site,
including but not limited to contests, sweepstakes, invitations,
or other similar features (each an “Application”), all of which
additional terms and conditions are made a part of these Terms
of Use by this reference. You agree to abide by such Application
terms and conditions. If there is a conflict between these Terms
of Use and the terms of the Application, the terms of the Application
will control as relating to the Application.
Communications with this Site
You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous, 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
the law. Therma-Tru will fully cooperate, including but not
limited to, maintaining and disclosing any transmittals or communications
that you have had with the Site, disclosing your identity or
helping to identify you, with any applicable law or regulation,
law enforcement authorities, court order or governmental authority.
Any communication or material you transmit to the Site by e-mail
or otherwise, including any data, questions, comments, suggestions,
or the like is, and will be treated as, nonconfidential and
non-proprietary. Therma-Tru cannot prevent the "harvesting"
of information from this Site, and you may be contacted by Therma-Tru
or unrelated third parties, by e-mail or otherwise, within or
outside of this Site. Anything you transmit may be edited by
or on behalf of Therma-Tru, may or may not be posted to this
Site at the sole discretion of Therma-Tru and may be used by
Therma-Tru or its affiliates for any purpose, including, but
not limited to, reproduction, disclosure, transmission, publication,
broadcast and posting.
Furthermore, Therma-Tru is free to use any ideas, concepts,
know-how, or techniques contained in any communication you send
to the Site for any purpose whatsoever including, but not limited
to, developing, manufacturing and marketing products using such
information. If you transmit any ideas, concepts, materials
or other communications to this Site, you accept that it will
not be treated as confidential and may be used by Therma-Tru
without compensation in any manner whatsoever, including without
limitation reproduction, transmission, publication, marketing,
product development, etc.
Although Therma-Tru may from time to time monitor or review
discussion, chats, postings, transmissions, bulletin boards,
and the like on the Site, Therma-Tru is under no obligation
to do so and assumes no responsibility or liability arising
from the content of any such locations nor for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any information
within such locations on the Site. Therma-Tru assumes no responsibility
or liability for any actions or communications by you or any
unrelated third party within or outside of this Site.
Notice and Procedure for Making U.S. Claims of Copyright
Infringement
If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide a Notice
with the following information to the Site’s Copyright Agent:
- 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, it’s agent or the law;
- 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.
Therma-Tru’s Copyright Agent for Notice is:
Therma-Tru Corp. Copyright Agent
Attn: Mark Nowotarski Therma-Tru Doors
1750 Indian Wood Circle
Maumee, OH 43537-4164
Phone: 800-537-5322 Fax: 419-482-9156
E-mail: mnowotarski@thermatru.com
We may give notice to our users by means of a general notice
on our Site, electronic mail to a user's e-mail address in our
records, or by written communication sent by first-class mail
to a user's physical address in our records. If you receive
such a notice, you may provide counter-notification in writing
to the designated Copyright Agent that includes the information
below. To be effective, the counter-notification must be a written
communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed
or to which access has been disabled, and the location at
which the material appeared before it was removed or access
to it was disabled;
- A statement from you under the penalty of perjury, that
you have a good faith belief that the material was removed
or disabled as a result of mistake or misidentification
of the material to be removed or disabled; and
- Your name, physical address and telephone number, and
a statement that you consent to the jurisdiction of Federal
District Court for the judicial district in which your physical
address is located, or if your physical address is outside
of the United States, for any judicial district in which
Therma-Tru Corp. may be found, and that you will accept
service of process from the person who provided notification
of allegedly infringing material or an agent of such person.
Termination
At its sole discretion, Therma-Tru may modify or discontinue
the Site, or may modify or terminate your account or your access
to this Site, for any reason, with or without notice to you
and without liability to you or any third party.
Unaffiliated Products and Sites
Descriptions of, or references to, products, publications or
sites not owned by Therma-Tru or its affiliates do not imply
endorsement of that product, publication or site. Therma-Tru
has not reviewed all material linked to the Site and is not
responsible for the content of any such material. Your linking
to any other sites is at your own risk.
Linking Policy
This Site may provide, as a convenience to you, links to sites
owned or operated by parties other than Therma-Tru. Each linked
to website has its own terms and conditions of use, as described
in that site's legal notice/terms of use. Those terms and conditions
may be different than these Terms of Use, and we urge you to
read each website's legal notice/terms of use carefully before
you use that site. Therma-Tru does not control, and is not responsible
for the availability, content or security of these external
sites, nor your experience interacting or using these external
sites. Therma-Tru does not endorse the content, or any products
or services available, on such sites. If you link to such sites
you do so at your own risk.
United States Governing Law; Void Where Prohibited
This Site shall be governed by, and your browsing in and use
of the Site shall be deemed acceptance of and consent to, the
laws of the State of Ohio, United States of America, without
regard to principles of conflict of laws. Notwithstanding the
foregoing, this Site may be viewed internationally and may contain
references to products or services not available in all countries.
References to a particular product or services do not imply
that they are appropriate or available to all persons in all
locations, or that Therma-Tru intends to make such products
or services available in such countries. Any offer for any product,
feature, service or Application made on this Site is void where
prohibited. Your information will be transferred to Therma-Tru,
located in the State of Ohio, United States, which location
may be outside of your own country, and by providing us with
your information, you are consenting to such transfer. Although
we will use all reasonable efforts to safeguard the confidentiality
of any personal information collected, we will not be liable
for disclosure of personal information obtained due to errors
in transmission or the unauthorized acts of third parties.
These Terms of Use are effective as of April 25, 2008
Privacy Policy
Therma-Tru Doors 1750 Indian Wood Circle
Maumee, OH 43537-4164
800-537-5322
©2008 Therma-Tru Corp. All rights reserved.
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