ThermoAnalytics Support Website
Terms of Access and Use
In order to use support.thermoanalytics.com (“Site”), you must register and agree to these Terms of Access and Use (“Terms”). The Terms constitute a binding agreement between you and ThermoAnalytics, Inc. the owner/operator of the Site.
1. Use of Site: The Site is a file sharing and storage site for use in collaboration between you and the Owner in accordance with these Terms. Any other use of the Site or Software is strictly prohibited, including without limitation, any of the following:
· taking any action to interfere with the operation of the Site;
· taking any action to (or attempting to) reverse engineer, download, copy or modify the Software in any way;
· using the Site for any inappropriate or unlawful purpose;
· uploading any Content onto the Site that is defamatory, threatening, obscene, harassing, infringing or otherwise unlawful; and/or
· removing or modifying any copyright, trademark or other proprietary notices from the Site
If you are utilizing the Site for file storage, there may be volume and/or time limitations on how long files may be maintained on the Site.
3. Limited Software License: Site users are hereby granted a limited, personal, non-exclusive, non-transferable license to access the Site and use the software that operates the Site (“Software”). All right, title and interest in and to the Site and the Software shall vest exclusively in ThermoAnalytics and its licensees. You further agree to comply with all laws applicable to your use of the Software, including without limitation, United States laws and regulations governing the export and re-export of software.
4. Registration: In order to access and use the Site, you must register with the Site. In registering with the Site, you must provide and maintain accurate information about yourself. You will create a log-in and password and agree to maintain the security of your log-in and password and not to share it with any other individual or entity. You are responsible for all actions taken on the Site accomplished through your login. You must immediately notify ThermoAnalytics in the event that you become aware of any unauthorized use of your log-in and/or password.
5. Termination: ThermoAnalytics reserves the right to immediately terminate your access to the Site in the event of any violation of these Terms. In the event of any termination or expiration of your access to the Site. Content may be removed or deleted immediately after termination or expiration of your access to the Site.
6. NO WARRANTIES: The Site is a venue for users to STORE AND SHARE FILES. ThermoAnalytics does not create and has no responsibility for any content UPLOADED by users on the Site, which is provided “AS IS” and without express or implied warranties of any kind, including without limitation, ANY WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THERMOANALYTICS MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND/OR VALIDITY OF ANY SITE CONTENT. THERMOANALYTICS MAKES NO WARRANTY THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
7. Indemnification: You agree to indemnify, defend and hold ThermoAnalytics, its affiliates, agents, officers, employees and licensors harmless from and against any and all claims and expenses, including without limitation reasonable attorney fees, in any way arising out of or related to your use of the Site, a violation of these terms or any other law or regulation.
8. Limitation of Liability: YOU AGREE THAT THERMOANALYTICS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FORM YOU USE OF THE SITE OR ANY SITE CONTENT, REGARDLESS OF WHETHER SUCH DAMAGE, LOSS OR EXPENSE IS BASED IN TORT, CONTRACT OR OTHERWISE. IN NO EVENT SHALL THERMOANALYTICS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THE SITE CONTENT, REGARDLESS OF WHETHER THERMOANALYTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND, IN THAT EVENT, THE TOTAL AMOUNT OF [OWNER’S] LIABILITY TO YOU SHALL NOT EXCEED $100.00.
9. Governing Law and Jurisdiction: These terms of service are governed by the laws of the State of Michigan without reference to its conflict of laws provisions. You agree that any dispute related to the terms of service and/or arising out of your use of the Site or the Site content shall be brought in the federal court sitting in the State of Michigan having jurisdiction thereof or the state circuit court in Houghton County, Michigan and you waive any claim that such courts do not have personal jurisdiction or are an inconvenient forum. No claim or cause of action you may have relating to the terms of service and/or arising out of your use of the Site or the Site content must be commenced within one (1) year after the claim or cause of action arises.
11. Entire Agreement: These terms of service constitute the entire agreement between you and ThermoAnalytics with respect to the Site and it supersedes any and all prior or contemporaneous communications. The failure of either party to require performance by the other party of any particular term shall not constitute a waiver of the term. The invalidity or unenforceability of any term shall not effect the remaining terms of service. A printed version of these terms of service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as any other business documents or records originally generated and maintained in printed form.