Conditions of Web Site Use
Please read these terms carefully before using
(including downloading any information from) this Web site
© 2006. TurboSonic Technologies, Inc.
Last modified on March 7, 2006
By using this Site, you signify your
assent to these Condition of Website Use. If you do not agree,
pleas do not use this Site.
The contents of this Web site ("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.
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. 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. 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.
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 Web site of the Securities and Exchange Commission at www.sec.gov.
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. 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.
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
jurisdiction of those courts.
TurboSonic may revise these Terms at any time by
updating this posting. You should visit this page from time to time to
review the then current Terms because they are binding on you.
Continued use of this Site shall constitue its binding acceptance
of any such amendments or modifications.
If any provision of the Conditions of Web Site Use shall
be unlawful, void or for any reason unenforceable, then that provision
shall be deemed severable from these Conditions of Web Site Use and
shall not affect the validity and enforceability of any remaining
provisions. In addition, if any provision of the Conditions of
Web Site 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. The Conditions of Web Site 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. You also
acknowledge and agree that we will fully cooperate with any law
enforcement authorities or court order requesting or directing us to
disclose information or materials in our possession. Our failure
to exercise or enforce any right or provision of the Conditions of Web
Site Use shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by us in writing.
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