Thermaco Terms and Conditions

Last Updated: 12-09-2024

General

The terms and conditions set forth herein (the “Terms”) govern your use of the websites, applications, and other products or services (collectively, the “Services”) published by Thermaco, Inc., and its business units, subsidiaries, and other affiliated entities (collectively, the “Company”). These Terms constitute a legally binding agreement between us.

Please read these Terms carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services.

Trademarks, Logos, Service Marks and Trade Names

The trademarks, logos, service marks and trade names displayed on the Services or on content available through the Services are registered and unregistered trademarks of Company (collectively, the “Trademarks”), and in some cases others, and may not be used unless authorized so to do in writing by the owners of these rights. Our Services do not by implication, estoppel, or otherwise, grant any license or right to use any Trademark displayed on our Services without express written permission of the owner of the same. Your misuse of the Trademarks displayed on the Services is strictly prohibited. The Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including through criminal prosecution. All other trademarks and service marks not owned by Company that appear on the Services are the property of their respective owners, who may or may choose to enforce their respective rights.

Prohibited Use

Any commercial distribution, publishing or exploitation of the Services, or any content, software, code, data or materials on the Services, is strictly prohibited unless you have received the express prior written permission of Company. Other than as provided herein, you may not use the Services or the materials on the Services in any way. If you make other use of the Services you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including by pursuing criminal prosecution.

User Information

If you provide us with any information about yourself through the Services you must review the Privacy Policy which is incorporated herein by reference. You are solely responsible for the accuracy and content of any user information provided to us.

Third-Party Websites

You may be able to link from the Services to third-party websites and third-party websites may link (“Linked Sites”) to the Services. You agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaster.

Please review our Privacy Policy for more information on our privacy practices related to third-party websites.

Confidentiality of Internet Not Guaranteed

THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICES; (B) THE CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SERVICES. IN ADDITION, COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY APPLICATION INSTRUCTION) ON THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.

BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.

Limitation of Liability; Waiver

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE
SERVICES, INCLUDING ANY DAMAGES ARISING OUT OF ANY DENIAL BY COMPANY OF ANY APPLICATION SUBMITTED BY YOU OR ANY REFUSAL TO FUND YOUR ACCOUNT (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.

CERTAIN STATE LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify on demand and keep Company indemnified, and hold Company and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless, from any and all claims, liabilities, costs, losses (including, without limitation, consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Services thereon, your placement or transmission of any message, content, information, software or other materials through the Services, or your fraudulent or deceptive acts or omissions, or breach or violation of law (including infringement of any intellectual property or other right of any person or entity) or of the Terms. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.

Product and Service Offerings

The Services may provide general information about Company and the products and services we offer. Information on the Services does not constitute an offer to sell or a solicitation of any particular Services. Some Services may not be available in all states where Company operates, and no Services are available outside the United States. Your eligibility for particular Services is subject to final determination, restrictions and acceptance by Company.

Company may discontinue or make changes to the information, products, licenses, or services, described herein at any time. Any dated information is published as of its publication date only. Company does not undertake any obligation or responsibility to update or amend any such information. Company reserves the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products or services through the Services, no solicitation is made by Company to any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law.

Company may restrict, suspend or terminate your use of or access to the Services and/or Company’s Services for any reason without notice or liability.

Monitoring

Company has no obligation to monitor the Services, however, you acknowledge and agree that Company has the right to monitor the Services 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 Services, to protect itself or other users of the Services or for any other purpose that complies with applicable laws.

Minors

Our Services are intended for use by individuals who are at least 18 years old. By using our Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. We do not knowingly collect personal information from children under the age of 18. If we become aware that we have inadvertently obtained personal information from a person under the age of 18, we will delete it in accordance with applicable law.

Users Outside the United States

The Services is not directed at or intended for users outside the U.S. Please be advised that if you are located in the European Union or another region with laws related to data collection and use that may differ from U.S. law, your personal information submitted through the Services and transferred to the U.S. may not have the same legal data protection as in your jurisdiction. Please review our Privacy Policy for more information on our privacy practices.

Governing Law and Jurisdiction

The Terms and the relationship between you and us shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms shall be commenced and be heard in the appropriate court in the State of North Carolina. You agree to submit to the personal and exclusive jurisdiction of the courts located within the State of North Carolina.

Arbitration

At Company’s sole discretion, it may require you to submit any disputes arising from the use of the Services or arising out of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina state law, with such arbitration to take place in in the State of North Carolina. Notwithstanding this provision for arbitration, either party may be entitled to seek injunctive relief from a court of competent jurisdiction at any time.

Local Standards

We do not represent that materials on the Services are appropriate for use in all locations. Persons who choose to access the Services do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms by Company must be made in writing and signed by an authorized representative of Company specifically referencing the Terms and the provision to be waived. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. Headings used in the Terms are for convenience only and are not to be relied upon or used to construe any provision of the Terms. All rights not expressly granted herein are hereby reserved. The Terms will inure to the benefit of, and are intended to be enforceable by, Company’s successors, assigns and licensees.

Entire Agreement

These Terms comprise the entire agreement between you and Company relating to your use of the Services, and supersede all prior agreements and negotiations, whether oral or written. These Terms supersede any previous Terms and Conditions relating to use of the Services to which you and Company may have been bound. There are no other agreements, understandings, promises or conditions, oral or written, express or implied, concerning the subject matter of these Terms, except as set forth in these Terms.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms shall remain in full force and effect.

Further Inquiries

You may direct questions about these Terms, or other issues, to us by emailing us at info@thermaco.com.