Conditions of Website Use
Please read these terms carefully before using (including downloading any information from) this Website.
© 2009 TurboSonic Technologies, Inc.
Last modified on September 2, 2009
By using this Site, you signify your assent to these Conditions of Website Use. If you do not agree, please do not use this Site.
Our Intellectual Property Rights. The contents of this Website ("Site"), including but not limited to all text, designs and images appearing herein (collectively, the "Contents"), are copyrighted works owned by TurboSonic Technologies, Inc. ("TurboSonic"). Any copying, reproduction, modification, distribution or other unauthorized use of the Contents, including any portion or version thereof, is prohibited. Notwithstanding the forgoing, users of this Site have the limited permission to view, copy, print, and distribute the Contents for non-commercial, informational purposes so long as any copy or other reproduction includes the above copyright notice.
The products, processes, technology and related information described in this Site may be covered by one or more issued or pending TurboSonic patents. No license or other intellectual property right to such TurboSonic products, processes, or technologies is granted or conferred by this Site or by anything appearing herein.
The trademarks and registered trademarks of TurboSonic referenced or used in this Site appear as marked and may not be used for any purpose without the express written permission of TurboSonic. All other brand names, designs, service marks and trademarks (whether or not registered) referenced or used herein are the property of their respective owners. Any reference to or use of third-party trademarks in this Site shall not constitute and is not intended to indicate such third parties affiliation with or endorsement of TurboSonic products and services.
Disclaimer of Warranties. The materials in this Site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, TurboSonic disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, and warranties implied from a course of performance or course of dealing. We do not warrant that the functions contained in the materials on this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or other harmful components. TurboSonic does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability or otherwise. You, not TurboSonic, assume the entire cost of all necessary servicing, repair or correction.
Limitation of Liability. You expressly warrant and agree that no advice or information, whether oral or written, obtained by you from us or through or from using this Site shall create any warranty not expressly stated in these Conditions of Website Use.
Your use of, and browsing in, this Site is at your own risk. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of this Site, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent modifications or analyses of the information provided hereunder. You acknowledge that your use of this Site and any information sent or received in connection therewith may not be secure and may be intercepted by unauthorized parties. Under no circumstances, including, but not limited to, negligence, shall TurboSonic be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or the inability to use, the materials in this Site, or for any information, software, products and services advertised in or obtained through this Site, TurboSonic’s removal or deletion of any materials or records submitted or posted on this Site, or otherwise arising out of the use of this Site, whether based on contract, tort, strict liability or otherwise, even if TurboSonic or our authorized representative has been advised of the possibility of such damages. This waiver applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, or theft, destruction, unauthorized access to, alteration of, or use of any record. You specifically acknowledge and agree that TurboSonic shall not be liable for any defamatory, offensive or illegal conduct of any user of this Site.
You agree that you must evaluate, and bear all risks associated with, the use of any information on the Site, including any reliance on the accuracy, completeness, or usefulness of such information.
You acknowledge, consent and agree that TurboSonic may access, preserve, and disclose information or data obtained through the Site if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any information or data violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of TurboSonic, its users and the public.
Third Party Content. TurboSonic has provided links and pointers to internet sites maintained by third parties and may from time to time provide third party materials on this Site. TurboSonic does not operate or control in any respect the information, products or services on these third party sites. Any websites linked to or from our Site are for your convenience only, and you access them at your own risk. Further, TurboSonic is not responsible for, or a party to, any dealings between you and such third party sites.
Securities Information. Certain matters discussed in this Site may constitute "forward looking statements" within the meaning of the federal securities laws that are subject to known and unknown risks and uncertainties that could cause actual results to differ materially from those expressed or implied by such statements. TurboSonic disclaims any obligations to update the information in this Site. A more detailed description of risks and uncertainties that may affect TurboSonic's performance is available in TurboSonic's reports filed with the U.S. Securities and Exchange Commission, available through the Internet by using the website of the Securities and Exchange Commission at www.sec.gov.
Communications. You acknowledge and agree that any material, information or other communication you transmit or post to this Site or to TurboSonic will be considered non-confidential and non-proprietary ("Communications"). TurboSonic will have no obligations with respect to the Communications. TurboSonic and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes, and you are not entitled to any compensation or reimbursement of any kind from TurboSonic under any circumstances. You are prohibited from posting or transmitting to this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
Applicable Law. This Site is controlled by TurboSonic from its offices in Canada and within the United States of America. TurboSonic makes no representation that the contents in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for the compliance with applicable local laws. Any claim relating to the Contents shall be governed by the internal substantive laws of the State of New York, the jurisdiction for any such claim will be the courts of New York, and the user consents to the personal jurisdiction of those courts.
Updating the Terms. TurboSonic may periodically revise these Terms at any time by updating this posting. Users will be notified of material changes in a suitable manner, such as by notice on the home page. Continued use of this Site shall constitute your binding acceptance of any such amendments or modifications.
Severability. If any provision of the Conditions of Website Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Conditions of Website Use and shall not affect the validity and enforceability of any remaining provisions. In addition, if any provision of the Conditions of Website Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
Entire Agreement. The Conditions of Website Use and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.
No Waiver. Our failure to exercise or enforce any right or provision of the Conditions of Website Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.