THOMSON-SHORE, INC
WEBSITE
TERMS OF USE
Terms, Conditions and Notices
as of April 26, 2007
Thomson-Shore, Inc. (“Thomson-Shore”) provides its Website, www.tshore.com (the “Website”), and its
related services to you subject to the following notices, terms and conditions
(“Terms of Use”). Please read these Terms of Use carefully BEFORE using
the Website. Your continuing access and/or use of this Website SIGNIFIES YOUR
ACCEPTANCE TO THESE TERMS OF USE. If at any time you do not wish to
accept these Terms of Use, you may choose not to use the Website. Any
additional terms and conditions proposed by you which are in addition to or
which conflict with these terms and conditions of service are expressly
rejected by Thomson-Shore and shall be of no force or effect.
Any rights not expressly granted herein are
reserved to Thomson-Shore.
MODIFICATIONS AND UPDATE
Terms, prices and availability information on
this Website are subject to change without notice. CHANGES ARE PERIODICALLY
MADE TO THESE TERMS OF USE. THOMSON-SHORE MAY MAKE CHANGES TO THE
SERVICES OR PRODUCTS AVAILABLE ON THIS WEBSITE (AT ANY TIME) AT ITS SOLE
DISCRETION. The most current version of these terms can be reviewed by
clicking on the “Terms of Use” link located at the bottom of our website
pages. These notices, terms, and conditions are subject to change in the
sole and absolute discretion of Thomson-Shore. All updates, enhancements,
new features and or the addition of additional web properties (in the form of
additional web pages or websites) are immediately subject to these terms and
conditions. Your continued use of the Thomson-Shore website constitutes
your continued acceptance to all such notices, terms and conditions as
modified.
USE OF SITE
Thomson-Shore may, in its sole discretion and
without notice, deny any person or company’s access to this Website or any
portion thereof. As a condition of your use of this Website, you
will not use the Website for any purpose that is unlawful or prohibited by
these Terms of Use. You may not use this Website in any manner that could
damage, disable, overburden, or impair any Thomson-Shore server or interfere
with any other party’s use and enjoyment of the Website and services offered
herein. You may not attempt to gain unauthorized access to
Thomson-Shore’s or other’s accounts, information, computer systems or networks
connected to the Thomson-Shore server or to any of the services or products
offered via the Website, through hacking, password mining or any other
means. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through the
website.
This Website, any portion of this Website and any
software, products or services obtained herein may not be decompiled,
disassembled, reverse engineered, uploaded, reproduced, modified, distributed,
transmitted, duplicated, copied, sold, resold, displayed, performed, published,
licensed, used to create derivative works from, transferred or otherwise exploited
for any commercial purpose that is not expressly granted by Thomson-Shore.
Thomson-Shore reserves the right to refuse service, terminate account(s),
and/or cancel orders in its discretion, including, without limitation, if
Thomson-Shore believes that conduct violates applicable law, is harmful to the
interests of Thomson-Shore and its affiliates or any other reason.
Thomson-Shore further reserves the right to pursue any legal action available
against any user whose use violates the state, federal or local law or these
Terms of Use.
Availability of this Website or particular
information or services herein is subject to change without notice.
CHILDREN UNDER 18
Thomson-Shore does not sell products for or
provide information or services to children. If you are under 18, you may
use Thomson-Shore only with involvement of a parent or guardian.
Thomson-Shore reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders/ requests in its sole discretion.
ACCOUNT CREATION
In order to obtain access to certain portions of
this Website, you must create a user name and password. You will provide
Thomson-Shore with certain registration information, all of which must be
accurate, truthful and updated. You shall not: (i) select a
username already used by another person, (ii) use a username in which another
person has rights without such person’s authorization; or (iii) use a username
or password that Thomson-Shore, in its sole discretion, deems offensive or
inappropriate. Thomson-Shore reserves the right to deny creation of your
account based on Thomson-Shore’s inability to verify the authenticity of your
registration information. You shall be solely responsible for maintaining
the confidentiality of your password. You shall immediately notify
Thomson-Shore of any known or suspected unauthorized use of you account, or any
known or suspected breach of security, including loss, theft or unauthorized
disclosure of your password or credit card information. If you use this
Website, you are responsible for maintaining the confidentiality of your
account and password and for restricting access to your computer and you agree
to accept responsibility for all activities that occur under your account or
password. You are fully responsible for all usage or activity on your
account, including but not limited to use of the account by any third party
authorize by your to use your username and password. Thomson-Shore
reserves the right to terminate your account, in its sole discretion, at any time
without notice. You may also terminate your account at any time in
writing. Notwithstanding anything else herein, Thomson-Shore
reserves the right to pursue any and all claims against any user of your
account. You agree to maintain only one account with the Website at any
time and you certify that you currently have no other account(s) with the
Website.
UNSOLICITED IDEA SUBMISSION POLICY
Thomson-Shore or any of its employees do not
accept or consider unsolicited ideas, including ideas for new advertising
campaigns, suggestions, new promotions, new products or technologies, concepts,
story or plot lines, ideas, notes, designs, materials, marketing plans, new
product names or other materials or processes other than those it has
specifically requested. Please do not send any original creative artwork,
samples, demos, or other works. The sole purpose of this policy is to
avoid potential misunderstandings or disputes when Thomson-Shore’s products or
marketing strategies might seem similar to ideas submitted to
Thomson-Shore. So, please do not send your unsolicited ideas to
Thomson-Shore or anyone at Thomson-Shore. If despite our request that you
not send us your ideas and materials, you still send them, please understand
that Thomson-Shore makes no assurances that your ideas and materials will be
treated as confidential or proprietary. Unless otherwise agreed,
Thomson-Shore may edit, copy, publish, distribute, translate, and otherwise use
in any medium any such materials that you forward to Thomson-Shore and will own
exclusively all such rights, titles, and interest and shall not be limited in
any way in its use, commercial or otherwise. Thomson-Shore is and shall
be under no obligation to: (1) maintain any of your materials in confidence;
(2) to pay to you or any user any compensation for any such materials; or (3)
to respond to any of your or any other user's materials.
LINKS TO THIRD PARTY SITES
Thomson-Shore may contain links to other websites
("Linked Sites"). Linking to such Linked Sites will let you leave the
Website. Unless otherwise indicated, Thomson-Shore is not affiliated with
any of the Linked Sites. The Linked Sites are not under the control of
Thomson-Shore and Thomson-Shore is not responsible for the contents of any
Linked Site, including, without limitation, any link contained in a Linked
Site, or any changes or updates to a Linked Site. Thomson-Shore does not
endorse or make any representations about any Linked Site, any information,
software or other products or materials found in a Linked Site, or any results
that may be obtained from using these links. Thomson-Shore is providing these
links only as a mere convenience, and the inclusion of any link does not imply
endorsement by Thomson-Shore. If you decide to access any of the third
party websites linked from this Website, you do so entirely at your own risk.
LINKING TO THOMSON-SHORE
Linking to Thomson-Shore from another website
("Linking Site") is only allowed under the following
conditions. A Linking Site may link to, but not replicate,
Thomson-Shore's content. A Linking Site shall not create a frame, browser or
border environment to Thomson-Shore's content and a Linking Site shall not
imply that Thomson-Shore is endorsing it or its products. The Linking
Site shall not misrepresent the Linking Site's relationship with Thomson-Shore,
shall not provide false information about Thomson-Shore's products or services,
and shall not unlawfully use the copyrights or trademarks owned by
Thomson-Shore or others. Linking Sites shall abide by any and all
applicable laws.
LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT,
SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN
ARE PROVIDED ‘AS IS” WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES
OR TYPOGRAPHICAL ERROR. THOMSON-SHORE MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE
OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS
WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, THOMSON-SHORE
AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THOMSON-SHORE DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR
EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES,
WORMS, “TROJAN HORSES” OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS
NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE
FEATURES. IN NO EVENT, SHALL THOMSON-SHORE AND OR ITS AFFILIATES, OFFICERS,
DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS,
WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR
SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THOMSON-SHORE THROUGH THIS WEBSITE.
RELEASE
AND INDEMNIFICATION
If you have a dispute with one or more users of
the Website, you release Thomson-Shore (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages
(actual and consequential) of every kind and nature, known and unknown, arising
out of or in any way connected with such disputes. If you are a California resident, you waive
California Civil Code §1542, which says: "A general release does not
extend to claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which if known by him must have
materially affected his settlement with the debtor." You will indemnify and hold Thomson-Shore (and
our officers, directors, agents, subsidiaries, joint ventures and employees),
harmless from any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of your breach of these Terms of Use,
or your violation of any law or the rights of a third party.
COPYRIGHT NOTICE
Copyright © 2007, Thomson-Shore, Inc. All
rights reserved.
COPYRIGHT
With the exception of the images of the
illustrative projects set forth in on this Website and as otherwise
specifically stated, all content and otherwise protectable features of this
Website, including but not limited to the design, arrangements, layout,
software, text, graphics and images were created by or at the direction of
Thomson-Shore, are the property of Thomson-Shore and are protected by United
States and international copyright laws. No portion of this website may be
copied, IMITATED or retransmitted unless express permission to do so is given
by Thomson-Shore in writing. The compilation, collection, arrangement,
and assembly of all content on this site is the exclusive property of
Thomson-Shore and is protected by United States and international copyright
laws. All software used on this site is the property of Thomson-Shore or its
software suppliers and is protected by United States and international
copyright laws. The images used on this Website are the property of their
respective copyright owners, and are used by Thomson-Shore pursuant to
authorization from the copyright owners or their agents. The content, images
and software on this Website may be used as a shopping resource. Any other use,
including, the reproduction, modification, distribution, transmission,
republication, or display, of the content, images and software on this Website
is strictly prohibited.
COPYRIGHT INFRINGEMENT POLICY
You shall not use the Website to transmit, route, provide connections
to or store any material that infringes copyrighted works, trademarks or
otherwise violates or promotes the violation of the intellectual property
rights of any third party.
Thomson-Shore, pursuant to 17 U.S.C. Section 512 as amended by Title II
of the Digital Millennium Copyright Act (the "Act"), reserves the
right, but not the obligation, to terminate your license to use this Website if
it determines in its sole and absolute discretion that you are involved in
infringing activity, including alleged acts of first-time or repeat
infringement, regardless of whether the material or activity is ultimately
determined to be infringing. Thomson-Shore accommodates and does not interfere
with standard technical measures used by copyright owners to protect their
materials. In addition, pursuant to 17 U.S.C. Section 512(c), Thomson-Shore has
implemented procedures for receiving written notification of claimed
infringements and for processing such claims in accordance with the Act. All
claims of infringement must be submitted to Thomson-Shore in a written
complaint that complies with the requirements below and is delivered to our
designated agent to receive notification of claimed infringement:
By mail:
Thomson-Shore, Inc.
7300 W. Joy Road
Dexter, Michigan 48130
United States of America
In addition, any written notice regarding any defamatory or infringing
activity, whether of a copyright, patent, trademark or other proprietary right
must include the following information:
1.
A physical or electronic signature of a person authorized to act on behalf of
(1) the owner of an exclusive right that is allegedly infringed or (2) the
person defamed.
2.
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site. Similarly, for
materials that are defamatory or infringe patent, trademark, or other
proprietary rights of a third party, please submit a list of such materials.
3.
Identification of the material that is claimed to be infringing, to be the
subject of infringing activity, or that is claimed to be defamatory and that is
to be removed or access to which is to be disabled, and information reasonably
sufficient to permit us to locate the material.
4.
Information reasonably sufficient to permit Thomson-Shore to contact you, such
as your address, telephone number, and/or electronic mail address.
5.
A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright or other proprietary
right owner, its agent, or the law.
6.
A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed or on behalf of the person defamed.
TRADEMARKS
“THOMSON-SHORE,” “WE BELIEVE IN DOING IT
RIGHT THE FIRST TIME, WHETHER IT’S YOUR FIRST TIME OR NOT,” and the
stylized “THOMSON-SHORE” logo along with all other logos, trade names,
trademarks, services marks, whether registered or not, set forth on this
Website are the sole property of Thomson-Shore, Inc. Thomson-Shore’s
trademarks may not be used in connection with any product or service that is
not owned by Thomson-Shore in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits
Thomson-Shore. Any trademarks not owned by Thomson-Shore that appear on
this Website are the property of their respective owners and may not be used in
connection with any product or service that is not owned by the trademark
owners in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits the trademark owners. All of the
above trademarks may not be copied, downloaded or otherwise exploited without
the permission of Thomson-Shore or the owner of such trademark, service mark or
trade name, except as explicitly permitted by the trademark owner.
Export Control
Unless otherwise specified, the materials on this Website are presented solely
to provide information regarding and to promote Thomson-Shore's services and
other products available in the United States, its territories, possessions and
protectorates. The Website is controlled and operated by Thomson-Shore from its
offices within the state of Michigan, United States of America. Thomson-Shore
makes no representation that materials on the Service are appropriate or
available for use outside the United States. Those who choose to access the
Website from outside the United States do so on their own initiative and are
responsible for compliance with local laws, if and to the extent that local
laws are applicable. Software from the Website is further subject to United
States export controls. No software from the Website may be downloaded or
otherwise exported or re-exported (A) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the
U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list
of Specially Designated Nationals or the U.S. Commerce Department's Table of
Deny Orders. By using the Website, you represent and warrant that you are not
located in, under the control of, or a national or resident of any such country
or on any such list.
SEVERABILITY
If any provision of these terms, conditions and
notices are found to be invalid or unenforceable, that provision will be
enforced to the maximum extent permissible, and the remaining provisions with
remain in full force.
APPLICABLE LAW
This site is created and controlled by
Thomson-Shore, Inc. in the State of Michigan, USA. As such, the laws of
the State of Michigan will govern these notices, terms, and conditions, without
giving effect to any principles of conflicts of laws. You submit to the jurisdiction and venue of
the state or federal courts having jurisdiction over Washtenaw County, Michigan
of any claims or actions arising, directly or indirectly, out of or related to your
use of this Website. You stipulate that
the venues referenced herein are convenient.
PRIVACY
See our Privacy Policy relating to the collection
and use of your information.
OUR ADDRESS
Thomson-Shore
7300 W. Joy Road
Dexter, Michigan 48130
United States of America
www.tshore.com
Phone: 734-426-3939
Fax: 1-800-706-4545