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BY ACCESSING OR USING THE SITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS. IF YOU DO NOT AGREE TO COMPLY WITH THESE TERMS, DO NOT ACCESS OR USE THE SITE.
We may modify these Terms from time to time. All changes will be effective upon posting to the Site. Material changes will be conspicuously posted on the Site. By using the Site after changes are posted, you agree to those changes.
2. Ownership and Intellectual Property Rights. The Site contains certain materials including text, images, audio, video clips, graphics, charts, photographs, software and data (“the Content”) which are the exclusive property of TIDI Products or has been licensed by TIDI Products. The Content may be protected under certain patent, trademark, or copyright or other intellectual property laws (“Intellectual Property Rights”) We reserve the right to update, modify or remove the Content at any time. Any unauthorized use of any Content which is subject to TIDI Products Intellectual Property Rights is strictly prohibited
3. Trademarks. TIDI Products owns certain trademarks, names, logos, insignia, or service marks (“Marks”). You do not have the right to use any Marks except as expressly agreed to in writing by TIDI Products. In addition, the Site may contain third-party marks and third-party copyrighted materials, which are the property of their respective owners. Nothing in these Terms grants to you any rights in or to those third-party marks or materials without such third-party’s consent.
4. Use Rights. You may only use the Site and the Content for your internal information only. You may not make any commercial use of the Site or Content without the prior written permission of TIDI Products.
5. Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, rules and regulations.
6. Viruses. You must use up-to-date, commercially standard, anti-virus software on any computer or device you use to visit or access the Site. We are not liable for any virus you might receive from our Site or links on our Site, and you access our Site at your own risk.
7. Restrictions on Your Use of the Site.
8. Feedback and Other Content Submitted By You. If you submit comments or feedback to us regarding the Site or its Content, or any other comments, questions, requests, or information that is not personal information (“Feedback“), we may use any Feedback that you send us in our discretion and without attribution or compensation to you.
9. Social Media. The Site links to TIDI Products’ social media pages (e.g., LinkedIn) (“Social Media Pages“). Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect TIDI Products’ views. We reserve the right to remove anything from our Social Media Pages, in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on our Social Media Pages, that is not an endorsement of that third party or any service or company they represent.
10. WARRANTY DISCLAIMERS. THE SITE AND CONTENT ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIDI PRODUCTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND CONTENT, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM STATUTE, SUCH AS COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.
TIDI PRODUCTS DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE OR CONTENT. TIDI PRODUCTS DOES NOT WARRANT OR GUARANTEE THAT THE SITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE OR CONTENT WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. THE CONTENT MAY CONTAIN CERTAIN TECHNICAL OR TYPOGRAPHICAL ERRORS.
11. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TIDI PRODUCTS OR ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR PROFESSIONAL ADVISORS (“TIDI PRODUCTS PARTY(IES)”) BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT, REGARDLESS OF THE FORM OF ACTION, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A TIDI PRODUCTS PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE TIDI PRODUCTS PARTIES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR CONTENT, OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE OR CONTENT EXCEED $100 U.S.D., EVEN IF ANY REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
12. INDEMNIFICATION. YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS THE TIDI PRODUCTS PARTIES FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, DEMANDS, COMPLAINTS, ACTIONS, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) THAT ARISE OUT OF OR IN CONNECTION WITH (A) YOUR VIOLATION OF APPLICABLE LAWS, (B) YOUR MISUSE OF THE SITE OR ANY CONTENT, AND (C) YOUR BREACH OF THESE TERMS OR ANY OTHER TERMS ON THE SITE. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).
The Site also contains certain third-party content. We provide third-party content for your convenience, not as an endorsement. The presence of third-party content does not mean that TIDI Products has reviewed the third-party content or that there is any association between TIDI Products and any third party. You access third-party content at your sole risk. TIDI Products has no responsibility for any third-party content. Nothing in these Terms grants you any rights to any third-party content.
14. Mobile Devices. Some mobile devices may not be capable of accessing the Site accurately or entirely. TIDI Products is not responsible or liable for any errors, inaccuracies, faults, or failures arising in connection with your attempts to access the Site using a mobile device. You agree that you alone are responsible for all access and connectivity charges assessed by your communications carrier in connection with use of the mobile device.
15. Linking to the Site. You are prohibited from linking to the Site on your website or elsewhere without the prior express written consent of TIDI Products. If TIDI Products grants you a right to link to the Site, certain terms may apply, and TIDI Products reserves the right to revoke such consent at any time. You are responsible for any costs incurred by TIDI Products in enforcing its rights under this Section. \
16. Geographic Restrictions. Not all products included on this Site are available in all geographic marketplaces. THE EXISTENCE OF THIS SITE OR ANY CONTENT SHALL NOT BE CONSTRUED AS TIDI PRODUCTS OR THE TIDI PRODUCTS PARTIES OFFERING SUCH SITE OR CONTENT TO PERSONS IN JURISDICTIONS WHERE THE PROVISION OF SUCH SITE OR CONTENT IS PROHIBITED BY LAW.
17. Termination. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Site or Content, and we may restrict your access to the Site or Content. TIDI Products may suspend or terminate the Site or any Content, in whole or in part, at any time in its sole discretion for any reason. TIDI Products shall not be liable to you or anyone else for any damages arising from or related to suspension or termination of your access to the Site or the Content, or in the event TIDI Products modifies, discontinues or restricts the availability of the Site or the Content (in whole or in part).
18. Site Unavailability The Site or Content may be unavailable or limited for various reasons, and we shall not be liable to you for any such unavailability, including without limitation: (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of God, fire, earthquake, strike, labor shortage, etc., (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.
19. Cooperation with Law Enforcement. TIDI Products will cooperate with law enforcement if you are suspected of having violated applicable laws. YOU WAIVE AND HOLD TIDI PRODUCTS AND THE TIDI PRODUCTS PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.
20. Disputes. These Terms, and your access to and use of the Site, are governed by the laws of the State of Wisconsin, without regards to its conflict of laws principles. Venue is exclusively in the state or federal courts, as applicable, located in Appleton, Wisconsin. The parties expressly agree to the exclusive jurisdiction of those courts. ANY CAUSE OF ACTION OR OTHER CLAIM BROUGHT BY YOU WITH RESPECT TO THE SITE OR CONTENT MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OR CLAIM ARISES.
21 Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent. These Terms inure to the benefit of our successors and assigns.
22. Purchases from Our Site. All purchases through our Site is governed by our product Terms and Conditions.
23. Entire Agreement. These Terms and any Terms and Conditions related to purchases from our Site are the entire agreement between you and TIDI Products with respect to your access to and use of the Site.
24. Waiver. Failure by TIDI Products to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by TIDI Products.
25. Severability. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms.
26. DMCA Notices. Pursuant to the Digital Millennium Copyright Act, TIDI designates the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to TIDI Products’ designated agent the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and e-mail address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the information included in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
TIDI Products’ designated agent for notification may be contacted at:
570 Enterprise Drive
Neenah, Wisconsin 54956
27. Contact Us. Please direct any questions and concerns regarding these Terms to us at:
TIDI Products, LLC
570 Enterprise Drive
Neenah, WI 54956 USA
272 East Deerpath Road, Suite 206
Lake Forest, IL 60045 USA
Toll Free: 800.521.1314