Terms and Conditions
Overview
Please review these Terms of use, which govern your use of ThermaSHIELD Website (“Website”). The following
are terms of a legal agreement between you and ThermaSHIELD Structural Insulated Panels, LLC. and its affiliates (“ThermaSHIELD”). By accessing,
browsing, or using this Website, you acknowledge that you have read, understood, and agree to be bound
by these Terms and to comply with all applicable laws and regulations. If you do not agree to these Terms,
please do not use this Website.
ThermaSHIELD may, without noticing you, at any time revise these Terms of Use and any other information
contained in this Website by updating information contained herein. ThermaSHIELD may also make
improvements or changes in the products, services, or programs described in this Website at any time
without notice.
Intellectual Property
This Website and all of its original content are the sole property of ThermaSHIELD and are, as such, fully
protected by the appropriate international copyright and other intellectual property rights laws.
General
Use of this Website and the materials contained herein as well as claims relating to it are governed by the
laws of the State of New York. If you choose to access this Website from location outside of United States,
you do so on your own initiative and are responsible for compliance with applicable local laws.
This Website contains proprietary notices and copyright information, the terms of which must be
observed and followed.
This Website and all content in this Website may not be copied, reproduced, uploaded, posted,
transmitted, republished, distributed, or used for the creation of derivative works without ThermaSHIELD's prior written consent, except that ThermaSHIELD grants you non-exclusive, non-transferable, limited
permission to access and display the information within this Website, solely on your computer and for
your personal, non-commercial use of this Website. This permission is conditioned on your not modifying
the content displayed on this Website, your keeping intact all copyright, trademark, and other proprietary
notices, and your acceptance of any terms, conditions, and notices accompanying the content or
otherwise set forth in this Website. Notwithstanding the foregoing, any software and other materials that
are made available for downloading, access, or other use from this Website with their own license terms,
conditions, and notices will be governed by such terms, conditions, and notices.
Your failure to comply with the terms, conditions, and notices on this Website will result in automatic
termination of any rights granted to you by these Terms, without prior notice, and you must immediately
destroy all copies of downloaded materials in your possession or control. Except for the limited permission
in the preceding paragraph, ThermaSHIELD does not grant you any express or implied rights or licenses under
any patents, trademarks, copyrights, or other proprietary or intellectual property rights. You may not
mirror any of the content from this Website on another website or in any other media.
Disclaimer
Information on this Website is not promised or guaranteed to be correct, current, or complete, and this
Website may contain technical inaccuracies or typographical errors. ThermaSHIELD assumes no responsibility
(and expressly disclaims responsibility) for updating this Website. Accordingly, you should confirm the
accuracy and completeness of all posted information before making any decision related to any services,
products, or other matters described in this Website.
ThermaSHIELD provides no assurances that any reported problems will be resolved by ThermaSHIELD, even if
ThermaSHIELD elects to provide information addressing such problems.
Confidential Information
Any information or material sent to ThermaSHIELD will be deemed NOT to be confidential unless otherwise
provided for in these Terms. By sending ThermaSHIELD any information or material, you grant ThermaSHIELD an
unrestricted, irrevocable license to copy, reproduce, upload, post, transmit, distribute, publish, perform,
modify, publicly display, create derivative works from, and otherwise freely use, those materials or
information. However, we will not release your name or otherwise publicize the fact that you submitted
materials or other information to us unless:
(i) we first notify you that the materials or other information
you submit to a particular part of this Website will be published or otherwise used with your name on it;
or
(ii) we are required to do so by law. Personal information that you submit to ThermaSHIELD for the purpose
of receiving products or services will be handled in accordance with our privacy policies.
References to Third Parties
This Website may provide links or references to third parties websites and resources. ThermaSHIELD makes no
representations, warranties, or other commitments whatsoever about any third parties websites or
resources that may be referenced, accessible, or linked from ThermaSHIELD Website. A link to a third-party
website does not mean that ThermaSHIELD endorses the content or use of such website or its owner. In
addition, ThermaSHIELD is not a party to or responsible for any transactions you may enter into with third
parties, even if you learn of such parties (or use a link to such parties) from a Website. Accordingly, you
acknowledge and agree that ThermaSHIELD is not responsible for the availability of such external websites or
resources, and is not responsible or liable for any content, services, products, or other materials on or
available from those websites or resources.
Linking to This Website
All links to this Website must be approved in writing by ThermaSHIELD. As a further condition to being permitted
to link to this Website, you agree that ThermaSHIELD may at any time, in its sole discretion, terminate
permission to link to this Website. In such event, you agree to immediately remove all links to this
Website.
LIMITATION OF LIABILITY
IN NO EVENT WILL THERMASHIELD BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM
THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY WEBSITE OR RESOURCE LINKED TO, REFERENCED,
OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY
MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST
PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF
THERMASHIELD IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER
OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR
ANY OTHER LEGAL THEORIES.
DISCLAIMER OF WARRANTY
USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, PRODUCTS, SOFTWARE,
PROGRAMS, AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES
WHATSOEVER. THERMASHIELD EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL
EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS,
INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY
RIGHTS. WITHOUT LIMITATION, THERMASHIELD MAKES NO WARRANTY OR GUARANTEE THAT THIS WEBSITE
WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
YOU UNDERSTAND AND AGREE THAT IF YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIALS,
INFORMATION, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES, YOU DO SO AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY
RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.
Additional or different terms, conditions, and notices may apply to specific materials, information,
products, software, and services offered through this Website. In the event of any conflict, such additional
or different terms, conditions, and notices will prevail over these Terms of Use.
Privacy Notice
Personal Information we may collect and process
You can visit our website at any time without informing us who you are or providing us any personal
information.
However, we may collect information at our websites in two ways:
(1) directly (for example, when you
provide information, such as your name, email address, designation, company, country and telephone
number, to sign up for a newsletter or register to comment on a forum website); and
(2) indirectly (for
example, through our website’s technology, we may collect certain information such as your IP address,
demographics, your computers’ operating system, and browser type).
We do not attempt to track your personal information in order to identify you. We collect such
information in order to make up the web traffic routing, to diagnose problems with server for
administration of our website, to better understand how you interact with our website and services and
to re-design and upgrade the website for better use. If you choose not to provide your personal
information that is mandatory to process your request, we may not be able to provide the corresponding
service.