I I I I

   
 

 

USER AGREEMENT FOR TOMCO INDUSTRIAL INC. OPERATED WEB SITES

 

Welcome to Thomas Equipment website!

We've designed our web sites to be useful and informative. We hope we've succeeded -- and we hope you'll let us know how we can make them even better. All we ask in return is that you abide by the Terms and Conditions that follow. Please read them carefully, because by using our web site you agree to them. If you do not agree to them, please do not use our web site. THANKS FOR VISITING! Copyright © 2001 Tomco Industrial Inc. All rights reserved.

Terms and Conditions
Tomco Industrial Inc. ("Thomas") owns the intellectual property rights in the content in all underlying programming or has obtained permission of the owner.
You agree not to reuse material from www.thomas-equipment.com or from any other World Wide Web site operated by Thomas. In particular, you agree not to copy, distribute, republish, upload, post, or transmit anything unless you get our written consent -- first. There are two exceptions, which are described in the next section.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

LIMITED LICENSE
The first exception is for members of the public. Thomas grants to you a limited license to display on your computer, print, download and use the underlying HTML text, audio clips, video clips and other content that is made available to you on our web site, for your personal, non commercial purposes only provided that:
(a) you do not modify or misrepresent any such content; and
(b) you include with and display on each copy of such content the associated copyright trademark or other proprietary notices and this limited license.
That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. So you're not allowed to redistribute or sell the material -- or to reverse-engineer, disassemble, or otherwise convert it to any other form that people can use. Normal exceptions regarding the reproduction and redistribution of media material would apply.
No rights, other than displays, are granted with respect to Thomas trademarks. Any unauthorized use of Thomas trademarks is strictly prohibited.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

No Warranties
While we work hard to provide you with the most current and accurate information, we do not warrant that everything on our web site be error free or complete. Thomas does not warrant the quality, accuracy, timeliness or completeness of any claims, statements or information on our web site. Further, Thomas makes no representations about the suitability of any of the information contained on this web site for any purposes.ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND ADVICE CONTAINED IN THIS WEB SITE OR PROVIDED BY THIS WEB SITE, INCLUDING ALL TEXT, GRAPHICS, LINKS, ANIMATION, JAVA SCRIPT, COOKIES, PRODUCTS, AND MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FURTHERMORE, THOMAS DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR FREE OR THAT THIS WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL EFFECTS.This includes (but is not limited to) warranties that:(a) the material is of any particular level of merchantability or fit for a particular purpose.(b) the functional elements contained in the materials will be uninterrupted or error free.(c) defects will be corrected.(d) our sites or the servers that make them available are free of viruses or other harmful components.(e) successful results or outcomes will result from properly following any instructions or directions contained in the materials.In addition to the above, you (and not Thomas) assume the entire cost of all necessary servicing, repair, or correction. Another Disclaimer, we sometimes provide access to other World Wide Web sites from our sites. But we don't endorse or approve any products or information offered at sites you reach through our site. We make no representations regarding the content or accuracy of materials on such web sites. If you decide to access linked third-party web sites, you do so at your own risk. Check the Uniform Resource Locator (URL) address provided in your World Wide Web browser to see if you are still in a Thomas-operated site or have moved to another site.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Submissions
Thomas will not accept or consider creative ideas, suggestions or materials other than those it has specifically requested. Accordingly, we ask that you do not send us any such materials. If, despite this request, you do submit material to us:
(1) All remarks, suggestions, ideas, graphics, or other information that you communicate to Thomas through this site (other than information we promise to protect under our Privacy Policy), become and remain our property, even if this agreement is later terminated.
This means that...
(a) We don't have to treat any such submission as confidential.
(b) You can't sue us for using the ideas you submit (including, but not limited to, product or advertising ideas).
(c) We can use such submission, or anything similar, for any purpose without paying you or anyone else for the submission.
(d) We will have exclusive ownership of all present and future rights to submissions of every kind. You agree not to assert any ownership right of any kind in your submission (including, but not limited to copyright, trademark unfair competition or implied contract), you assign your copyright to us and you waive your moral rights to any copyrightable work.
(2) You acknowledge that you are responsible for any submission you make -- in other words, you acknowledge that you (and not we) have full responsibility for the submission, including its legality, reliability, appropriateness, originality, and copyright.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

LIMITATION OF LIABILITY
IN NO EVENT SHALL THOMAS, ITS OFFICERS OR EMPLOYEES BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY (PUNITIVE) DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE ON THIS WEB SITE WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE.THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:- USE OF (OR INABILITY TO USE) THE SITES; - USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES; - FAILURE OF PERFORMANCE;- ERROR;- OMISSION;- INTERRUPTION;- DEFECT;- DELAY IN OPERATION OR TRANSMISSION;- COMPUTER VIRUS; OR- LINE FAILURE.KEEP IN MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING:DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY; DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY, "CONSEQUENTIAL DAMAGES"); OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (LEGALLY, "INCIDENTAL DAMAGES").FURTHERMORE, WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR BOTH.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Jurisdiction
Unless otherwise specified, the materials in our sites are presented to provide information about Thomas and its products.Thomas controls and operates its sites from the company's headquarters in Centreville, New Brunswick, Canada. We in no way imply that the materials on the sites are appropriate or available for use outside Canada. If you use our sites from locations outside Canada, you are responsible for compliance with laws in your jurisdiction. If any disputes arise between us regarding your use of this web site, such disputes will be resolved according to the laws of the (Province of New Brunswick) and the (laws of Canada) applicable therein, without giving effect to the principles of conflicts of law thereof, and the courts of the (Province of New Brunswick) shall have exclusive jurisdiction over all claims. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.Termination of this agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying all materials obtained from all Thomas sites, along with all related documentation and all copies and installations.Thomas may terminate this agreement at any time and without notice to you if, in its sole judgement, you breach any term or condition of this agreement. Upon termination, you must destroy all materials and cease using this web site. Notwithstanding termination, you agree to be bound by these terms with respect to any previous use of this web site and any materials downloaded. In addition, by providing material on our web sites, we do not in any way promise that the materials will remain available to you. And Thomas is entitled to terminate all or part of any of its web sites at any time, without notice to you. MISCELLANEOUS POINTS ABOUT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT Thomas may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.This is the entire agreement (including the Privacy Policy) regarding all the matters that have been discussed in the preceding paragraphs.© 2001 Tomco Industrial Inc. All rights reserved.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

This web site is owned and operated by Tomco Industial Inc. (Thomas). We recognize that many visitors to our site are concerned about the information they provide to us, and how we treat that information. So we've developed a Privacy Policy to address those concerns. We may update the Policy from time to time, so please review it occasionally.Thomas recognises its obligation to its customers, community and online visitors to adhere to the highest standards of decency, fairness, and integrity in all its operations. Likewise, Thomas is dedicated to the fundamentals of protecting consumer privacy on the Internet, especially for children. We support active self-regulation of this new environment to ensure that responsible marketers can maintain the right to use all communication media to interact with its consumers.Information We Collect and What We Do With ItAt our site we don't collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly. We do not require this information for customers to obtain access to any of our sites. However, in order to participate in some of the programs offered on the Thomas web site, you may have to provide personal information. If you register in order to use special purpose features on our site, we use the information you supply for the purpose of providing the services you've requested. If you agree to be contacted by us or ask to be put on our mailing list when you register, we may contact you from time to time. You can always change your preference for follow-up contacts by clicking on the hyperlink "Contacts" located at the top of each page of the Thomas web sites.On certain pages of our site, we ask for some personally identifiable information, such as your name and phone number. We use this information only if we need to contact you directly because our attempts to contact you by e-mail were unsuccessful. We don't use the information internally for other purposes, and we don't share it with anyone outside of Thomas. We don't use your e-mail address for any purpose other than responding to the message you've sent, unless we have your permission.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

COOKIES
Thomas may use "cookie" technology to obtain non-personal information from its online visitors. Cookies are information files that your web browser places on your computer when you visit a web site. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. We do not extract personal information in this process nor do we provide this information to third parties. We also do not contact you. Cookies allow us to customise your user interface to speed up the navigation process and to make the site experience more efficient. If your browser is configured to reject cookies, you will not be able to use some of the features of the Thomas web sites.
We may use temporary session cookies. These temporary cookies are deleted when you exit your browser. Another type of cookie can be stored on your computer by your browser. When you log in, this type of cookie tells us whether you've visited us before or are a new visitor. We use the cookie to help us identify site features, in which you have the greatest interest, so that we can provide more of what you may want.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Links
The Thomas web sites may contain links to other sites. We make every effort to only link to web sites that share our high standards of decency, fairness, and integrity. We try our best to ensure that these links are safe for everyone, but the privacy and data collection practices on any linked web sites are entirely separate from Thomas and are not covered by this Privacy Policy. Other web sites, which may contain material not suitable for children, may also link to the Thomas web sites without Thomasís knowledge or consent. Thomas has no responsibility for the content, policies or actions of these web sites.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Security
Thomas has taken steps to make all information received from our online visitors as secure as possible against unauthorized access and use. Personal information provided by visitors is kept in Thomas's secure database. All information received from our customers is protected by our security measures, which are periodically reviewed. You should keep in mind, however, that no data transmission over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient.
Changes and Updates to the Privacy Policy
The Thomas web sites content and features may be updated, revised, modified and supplemented. Thomas reserves the right to change the information, features, products, policies, promotions, disclosures, and disclaimers at any time. Changes to this Privacy Policy will be posted on our web sites. Please check the policy periodically for changes. At the top of the policy, we indicate the date of an update to the Privacy Policy. The continued use of the Thomas web sites following the posting of changes to this Privacy Policy will mean you accept those changes.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Changes and Access to Personal Information
Individuals who provide personal information to Thomas can correct, update and delete personal information from our database at any time by clicking on the hyperlink "Contacts" located at the top of each page of the Thomas web site.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .



 
      Home        Dealer Login        Legal              1-866-BE-TOUGH(506) 276-4511

Copyright ©2007 Thomas Equipment All rights reserved.