Last modified: [February 1, 2003]
Terms
Welcome to THK.com and TOS-World. THK.com, TOS-World and their affiliate companies (hereinafter referred to collectively as "THK") provide their websites, products and services to you and your employer subject to the following Terms of Use. Your use of a THK website indicates agreement by you and your employer to these Terms of Use.
1. Intellectual Property Rights:
All contents, text, graphics, logos, icons, audio clips, software, charts, diagrams, images, data, information and other material ("Content") displayed, available or present on this website, including any trademarks or copyrights, are the exclusive property of THK or the designated owner and are protected by applicable U.S. and international intellectual property laws. You agree not to infringe upon or dilute any intellectual property of THK, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on this website. You are not allowed to link to, reproduce, sell, transmit, publish, distribute, modify or display this website or any Content without the prior written permission of THK. Moreover, no such link authorized by THK shall be made to any page or frame of this website except to the first or top page.
2. Use and Operation of THK Websites:
You may use THK websites and services only for your legitimate and internal business purposes. You will provide accurate information when registering or otherwise doing so for your use of a THK website or service. You will comply with all import/export control and other applicable laws in connection with use of a THK website.
THK may in its discretion modify, edit, translate, suspend, restrict access to or terminate its websites, these Terms of Use, the Content or any link at any time without liability or prior notice for any reason, including for any breach of these Terms of Use.
You authorize the placement and use of "cookies", software or data on your information systems in connection with your use of this Website.
3. Password Security:
You will keep any password or similar code for a THK website secret and you will not allow any other person to use your registration or password for a THK website. You will be responsible for any and all damage arising from the use of your registration or password by another person.
4. General Website Limitation of Liability and Disclaimers:
ANY AND ALL CONTENT APPEARING ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. ANY PRODUCTS OF THK ARE SUBJECT TO, AND LIMITED BY, THE STANDARD WARRANTY OF THK (SHOWN BELOW) AND OTHER TERMS AND CONDITIONS OF SALE IN THE SALES AGREEMENT BETWEEN THK AND THE PURCHASER. PRODUCT DESCRIPTIONS ARE NOT WARRANTIES. THIS WEBSITE, ITS CONTENTS AND ITS LINKS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND ARE USED ONLY AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. THK WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH USE OF THE INTERNET, THIS WEBSITE, ITS CONTENT OR ITS LINKS, OR IN CONNECTION WITH ANY PURCHASE OF THK PRODUCT. DESCRIPTION OF PRODUCTS AND APPLICATIONS ARE NOT WARRANTIES.
THK DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS OR FUTURE AVAILABILITY OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED IN CONNECTION WITH THIS WEBSITE. THK PROVIDES NO GUARANTEE AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS OR OTHER DATA.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED IN CONNECTION WITH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER ELECTRONIC SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THK IN CONNECTION WITH THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
5. Indemnification:
You will defend, indemnify and hold harmless THK and their respective officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys' fees, arising in connection with your use of this website, on-line conduct, breach of these Terms of Use or dealings or transactions with other persons resulting from use of this website.
6. Applicable Law and Forum:
This website, these Terms of Use and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Illinois without regard to its conflicts of law principles and without regard to any provisions of the United Nations Convention on Contracts for the International Sale of Goods. The state and federal courts located in Chicago, Illinois shall have exclusive jurisdiction to adjudicate any dispute arising in connection with this website or these Terms of Use. You agree to submit to the exclusive and personal jurisdiction of the state and federal courts located in Chicago, Illinois.
7. Pricing and Shipping:
Any prices for THK products or services provided on THK websites are subject to change at any time. All goods purchased from THK are purchased F.O.B. THK's Schaumburg, IL facilities. This means that you are responsible for shipping costs and the risk of loss and title for such goods pass to you upon our delivery to the carrier.
8. Trademarks:
THK; THK LM SYSTEM; LM SYSTEM; LM GUIDE; BALL RETAINER; CAGED BALL; LINK BALL; QZ; LaCS; TOS and THK ON-LINE STORE, as well as related artwork, are all common-law and/or registered trademarks of THK in the United States and other countries. Such words and phrases, as expressed in other languages, may also be trademarks of THK. THK's trademarks may not be used in connection with any product or service that is not THK's or, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits THK.
9. Patents:
Certain products described herein are protected by one or more patents granted by the United States Patent Office or by other patent offices throughout the world. Any unauthorized use of or other infringement of patent rights is strictly prohibited.
10. Terms and Conditions of Sale, including THK Limited Warranty:
All orders and purchases of THK products or services are subject to THK' s Terms and Conditions of Sale, which include THK's Standard Limited Warranty and Liability Limitations.
11. Application, Use and Maintenance of THK Products:
For information regarding the application, use and maintenance of THK Product, please see CATALOG.
12. Technical Information, Support and Assistance:
THK may make available to you through this website selected information about the designs, applications, specifications, selection, installation, operation, maintenance, safety and/or other aspects of THK products, including information and comments in response to your specific inquiries and catalogs, charts, formulas, factors, accuracy standards, tolerances and applications recommendations ("Product Information").
Any Product Information made available to you is provided as a convenience and for general informational purposes only. Such Product Information is only a starting point for the user's selection of appropriate products, and may not apply in all intended applications. The design, application, selection, installation, operation, maintenance, safety and/or other aspects of THK products in particular circumstances may be a complex and technical matter that depends upon many site-specific factors. The making available of Product Information to you in connection with this Website is not intended to constitute, or be a substitute for, a comprehensive analysis and consultation by qualified professionals of specific situations or particular circumstances. No specific product application should be based solely on the information provided through this website. For example, Product Information made available to you may, among other things, be limited in scope and incomplete and may become quickly outdated or obsolete.
You should determine and confirm independently, including with your outside engineers, consultants and professionals, the applicability and appropriateness to your circumstances of any Product Information you receive in connection with this website. You alone assume the sole responsibility of evaluating the merits of and risks associated with use of any Product Information you obtain in connection with this website.
ALTHOUGH THK TRIES TO PROVIDE ACCURATE AND TIMELY PRODUCT INFORMATION THROUGH THIS WEBSITE, THERE MAY BE INADVERTENT TECHNICAL OR FACTUAL INACCURACIES AND TYPOGRAPHICAL ERRORS. THK RESERVES THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT ANY TIME, WITHOUT NOTICE.
ALL PRODUCT INFORMATION PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." THK EXPRESSLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY PRODUCT INFORMATION PROVIDED IN CONNECTION WITH THIS WEBSITE. THK MAY CHANGE PRODUCT OR OTHER INFORMATION PROVIDED BY OR IN CONNECTION WITH THIS WEBSITE AT ANY TIME AND MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION. YOU ASSUME THE ENTIRE RISK AS TO THE USE OF PRODUCT INFORMATION.
13. Use and Confidentiality of Technical Assistance and Support Information:
You will not infringe upon the intellectual property rights of another person when providing information to THK to obtain technical assistance or support from THK. You acknowledge that any specific technical assistance or support information provided by THK to you through the use of a THK website is proprietary and confidential information of THK. You will not use or disclose to any person such information, except on a "need-to-know" basis in connection with your selection or use of THK products and services. Any information you submit to THK in order to obtain THK technical assistance or support will be deemed non-confidential by THK.
14. Miscellaneous:
You agree that e-mail and electronic communications or signatures from you or THK constitute writings, including for purposes of applicable laws. You represent and warrant that you are authorized to enter into these Terms of Use on behalf of any entity which you represent. These Terms of Use constitute the entire agreement between the parties with respect to its subject matter and supersede any prior agreement or communication. These Terms of Use may only be modified by THK, at its sole discretion. If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect. Your obligations pursuant to these Terms of Use shall survive termination of this website, any use by you of this website and any Content, or these Terms of Use.
Our address:
THK America, Inc.
200 East Commerce Drive
Schaumburg, Illinois 60173
U.S.A.
website: http://www.thk.com
Copyright (C) 2000 THK America, Inc. ALL RIGHTS RESERVED.
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