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Terms & Conditions

Introduction
PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE “WEB SITE”). THESE WEB SITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS AS SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. Scope of Terms of Use
These Terms of Use govern Your use of the Web Site and all applications, software and services (collectively, “Services”) available via the Web Site, except to the extent such Services are the subject of a separate agreement between You and Premier Thermal Solutions, LLC (“PTS”). These Terms of Use will take effect when you first commence using the Web Site. PTS reserves the right at any time and for any reason to deny You access to the Web Site or any portion thereof, or change, suspend or discontinue any aspect of the Web Site at any time. PTS may also impose limits on certain features and services or restrict Your access to parts or all of the Web Site without notice or liability. Termination will be effective without notice.

2. Changes to this Policy
We reserve the right to change, update, or modify this Privacy Policy at any time. All changes and updates will be reflected on this page and it is your responsibility to review this page from time to time and to be aware of any changes to the Privacy Policy. If a change is notified by a posting on the Web Site, it shall be deemed to take effect when posted. Your continued use of the Web Site following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms of Use. You agree that notice of changes to these Terms of Use on the Web Site constitutes reasonable and sufficient notice.

3. License and Ownership
All intellectual property rights (“Intellectual Property”) associated with the Web Site and its contents (including without limitation all information and material contained within (or made available through) the Web Site) (the “Content”) are the sole property of PTS, its affiliates and/or third parties. The Content is protected by copyright and other applicable laws in both the United States and other countries, and may not be copied or used in whole or part without the express written consent of PTS. You agree to abide by any and all additional copyright notices, information or restrictions contained in any Content on the Web Site. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other applicable laws and may not be copied or imitated in whole or in part without the express written consent of PTS. All custom graphics, icons, artwork, logotypes and other items that appear on the Web Site are trademarks, service marks or trade dress (“Marks”) of PTS, its affiliates and/or other entities that have granted PTS the right and license to use such Marks and may not be used or interfered with in any manager without the express written consent of PTS. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without PTS’s or the appropriate third party’s prior written consent. Except as expressly provided herein, PTS does not grant to You any express or implied rights to PTS’s or any third party’s Intellectual Property. PTS grants You a limited, personal, nontransferable, nonexclusive, nonsublicensable, revocable license to access and use only the Web Site, Content and Services only in the manner present by PTS only in the manner expressly permitted by PTS, conditioned upon Your continued compliance with the terms and conditions of these Terms of Use. Except for this limited license, PTS does not convey any interest in or to the Content, Services, Web Site or any other PTS property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of PTS. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by PTS.

4. Restrictions on Use of the Web Site
In addition to other restrictions set forth in these Terms of Use, You agree that:
(a) You shall not disguise the origin of information transmitted through the Web Site or place false or misleading information on the Web Site.
(b) You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by PTS.
(c ) You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another.
(d) Certain areas of the Web Site may be restricted to customers of PTS.
(e) You may not use or access the Web Site or Services in any way that, in PTS’s judgment, adversely affects the performance or function of the Services or the Web Site or interferes with the ability of authorized parties to access the Services or the Web Site.
(f) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of PTS.
(g) With the exception of the license granted in Section 3 and except as otherwise expressly permitted herein, you may not modify, create derivatives of, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, mirror, frame, “deep link”, “scrape”, data mine, or otherwise use any information or material obtained from or through the Web Site, or link to the Web Site in any manner that would bypass the Website’s home page.
(h) You may not post any content from the Website to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other websites, without the prior written consent of PTS.

5. DISCLAIMER OF WARRANTIES
PTS MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK. THE WEB SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. PTS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. PTS AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY PTS IN THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF TUSE ARE FAIR AND REASONABLE.

6. LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT PTS IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, PTS SHALL BE RESPONSIBLE FOR ACTUAL DAMAGES ONLY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PTS, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, IN EACH CASE, RESULTING FROM THE USE OF OR INABILITY TO USE THE WEB SITE, THE SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLECT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PTS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

7. Indemnification
You agree to indemnify, defend and hold harmless PTS, its licensors, together with their respective affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys’ fees) arising from Your violation of these Terms of Use and/or use of the Web Site or any information or content thereon in violation of any applicable law, rule, or regulation.

8. Compliance with Law
You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of PTS, negatively reflect on the goodwill or reputation of PTS and shall take no action which would cause PTS to be in violation of any laws, rulings or regulations applicable to PTS.

9. Governing Law
These Terms and Conditions are to be governed by and construed in accordance with the law of the State of Michigan without reference to its conflicts of law rules. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the State of Michigan.

10. General
You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

11. COMPLETE AGREEMENT
EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND PTS, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND PTS WITH RESPECT TO THE USE OF THE WEB SITE, AND ANY SOFTWARE OR SERVICE, INFORMATION OR CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS, AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

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