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Terms of Use

   November 28, 2005

Please carefully review these terms of use before using this site.

• USER AGREEMENT
  This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions for your use of this web site (the "Site"). The Site is owned and operated by THOMAS PRODUCTS, LLC d/b/a TPi ("TPi" or "We" or “Us”). By using the Site, you agree to be bound by this Agreement. If you do not agree to be legally bound by this Agreement, you should exit this Site immediately. We reserve the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Site. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Site after any changes to this Agreement constitutes your agreement to be bound by any such changes. TPi may terminate, suspend, change, or restrict access to all or any part of this Site without notice or liability.
• RESTRICTIONS ON THE USE OF SITE CONTENT
  The text, data, articles, photos, images and other information (collectively, "Content") on this site is owned by TPi or its Content providers and is protected by U.S. and International copyright laws and treaties. You acknowledge that the Content is and shall remain the property of TPi. You may not copy, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without TPi's prior written approval.
• TRADEMARKS
  Company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by TPi or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the TPi trademarks displayed on this Site, without our prior written permission in each instance. We prohibit use of any of the TPi trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by us in writing.
• COPYRIGHT COMPLAINTS
  If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (under the "Digital Millennium Copyright Act") to TPi's designated agent. Notification should include:
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of where the material you claim is infringing is located on the Site;
  • 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
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
  All such notifications can be sent to: info@tpipremixes.com
• NO WARRANTY
  NONE OF TPi, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AGENTS OR INDEPENDENT CONTRACTORS (COLLECTIVELY THE "TPi PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND TPi DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. TPi PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYOPOGRAPHICAL ERRORS.
• LIMITATION OF LIABILITY
  UNDER NO CIRCUMSTANCES WILL TPi PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO YOUR USE, OR INABILITY TO USE, THE CONTENT, THE SITE OR ANY THIRD PARTY SITE TO WHICH THIS SITE IS LINKED. TPi IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT TPi PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
• MONITORING OF THE SITE
  TPi has no obligation to monitor the Site; however, you acknowledge and agree that TPi has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site.
• SUBMISSIONS TO THE SITE
  All remarks, discussions, ideas, graphics or other submissions communicated to TPi through this Site (collectively, "Submissions") will be deemed and remain the property of TPi, and TPi is entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Nothing herein contained shall be construed as limiting TPi's responsibilities and obligations under its Privacy Policy.
• INDEMNIFICATION
  You agree to indemnify and hold harmless TPi from and against any and all claims, losses, expenses, or demands or liabilities, including attorneys' fees and costs, incurred by the TPi in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. TPi reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of TPi. You further agree to indemnify and hold harmless TPi from any claim arising from a third party's use of information or materials of any kind that you post in a Public Area.
• LINKS TO THIRD PARTY SITES
  THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED, OWNED, AND OPERATED BY THIRD PARTIES (THE "THIRD PARTY SITES"). TPi CANNOT CONTROL AND HAS NO RESPONSIBILITY FOR THE ACCURACY OR AVAILABILITY OF INFORMATION PROVIDED ON THE THIRD PARTY SITES. YOU ACKNOWLEDGE THAT USE OF ANY THIRD PARTY SITES IS GOVERNED BY THE TERMS OF USE FOR THOSE WEBSITES, AND NOT BY THIS AGREEMENT. LINKS TO THIRD PARTY SITES DO NOT CONSTITUTE AN ENDORSEMENT BY TPi OF SUCH SITES OR THE CONTENT, PRODUCTS, ADVERTISING OR OTHER MATERIALS PRESENTED ON SUCH SITES, BUT ARE FOR YOUR CONVENIENCE AND YOU ACCESS THEM AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD PARTY WEB SITES, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD PARTY WEB SITES, AND THE TPi GROUP INC. SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVERFOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT SUCH SITES OR OTHERWISE.
• USE OF PERSONALLY IDENTIFIABLE INFORMATION
  TPi's practices and policies with respect to the collection and use of personally identifiable information is governed according to TPi's Privacy Policy.
• USER CONDUCT
  You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. TPi makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
• TERMINATION
  This Agreement is effective until terminated by TPi at any time without notice. TPi may suspend or terminate your access and use of the Site at any time, with or without cause, in TPi's absolute discretion and without notice. The following paragraphs of this Agreement shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, applicable law and dispute resolution, and any other provision that by its terms survives termination of your use or access to the Site.
• GENERAL PROVISIONS
  Failure by TPi to enforce any provision(s) of this Agreement shall not be as a waiver thereof. THIS AGREEMENT AND ALL OTHER ASPECTS OF YOUR USE OF THE SITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MINNESOTA, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. All claims and disputes arising out of this Agreement, and applicable federal law or your use of the Site, other than actions for specific performance or injunctive relief brought by TPi, shall be exclusively brought in the federal, state, or local courts located in Minnesota, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action you may have with respect to the Content, Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved.
• CONTACT US
  If you have questions regarding the Agreement or the practices of TPi, please contact us by e-mail at info@tpipremixes.com or by regular mail at TPi, Attn: General Counsel, PO Box 64101, MS 2500, St. Paul, MN 55164.

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