for the Triangle Analytical, Inc.
World Wide Web Site
Use of this site constitutes the recipient’s agreement to these terms, conditions and restrictions.
WEBSITE TERMS AND CONDITIONS
Limited License to Use Site. Subject to these terms, conditions and restrictions, Triangle Analytical, Inc. (“TA”) and its subsidiaries and affiliated joint venture companies and partnerships (“Affiliates”) grant to each user of this site a non-exclusive, non-transferable, limited right to access, use and display this site and the information presented on this site. No user shall attempt to interfere with the operation of this site in any way. For purposes of these terms, conditions and restrictions, other communication media employed in conjunction with use of this site, including telephone and video augmentation, shall be deemed to be part of this site and the information provided in such other communication media shall be deemed to be information presented on this site. This site is not intended for use by any natural person under eighteen years of age and no license to use the site is granted to such persons.
Who We Are. TA maintains this site for itself and as a convenience for its Affiliates and customers of its Affiliates. Customers of Affiliates may use this site for product ordering purposes or for other informational needs. This site is provided by TA primarily for sharing common product information and website resources. Unless expressly stated otherwise, this site is not intended to establish any new or additional privity of contract, or agency or other relationship between those Affiliates and TA or between TA and customers conducting business with those Affiliates. No agency, employment or franchise relationship with TA is being created through use of this site.
Nature of the Information. The information and functionality contained in this site has been provided as a convenience and, in some cases, is provided by outside sources. This site has been supplied upon the condition that you will make your own determination as to the suitability of information contained in this site before use and that you have the proper qualifications or expertise to properly evaluate and use that information. None of the information presented on this site is intended as legal or tax advice; competent legal or tax advisors should be consulted as required. Although we attempt to make all information accurate at the time it is posted to the site, we cannot guarantee or warrant completeness or accuracy, or that information will be updated. We make no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where the site’s contents are illegal is prohibited. Your local TA contact can assist you with the availability of our products and services. We may, in our sole discretion and at any time, change site content or these terms, conditions and restrictions, or modify or discontinue this site or specific portions of it, without notice. Subsequent re-use of this site shall be deemed an agreement to any previously revised terms, conditions and restrictions.
Governing Law and Venue. With respect to matters arising under this site, the governing law, without regard to principles of conflicts of laws, and venue shall be: (i) for a particular matter arising on a given webpage on this site, the choice of law and venue specified online for that matter, if any, (ii) for an online product sale, the choice of law and venue specified in the accompanying online terms and conditions, or in the absence of such specification, the law of, and venue in the place where, the TA Affiliate making that sale of product has its main office, (iii) unless otherwise determined under clauses (i) or (ii), for matters arising on a webpage on this site devoted to a particular Affiliate, the law of, and venue in the place where, such Affiliate’s main office is located, or (iv) for all other matters, including matters where no choice of law or venue is specified and matters regarding these terms, conditions and restrictions, the law shall be the law of the State of North Carolina, United States of America, without regard to its principles of conflicts of laws, and the venue shall be the United States Eastern District Court or any other court of competent jurisdiction within the State of North Carolina.
Jurisdictional Issues. The existence of this site and the ability to request information or request or order products through the site is not an offer to sell or solicit or do business in those countries or jurisdictions in which we are not permitted by law to do business or in which we do not already conduct business. Neither the existence of this site nor the accessibility of content of this site is intended to establish any new or additional jurisdictional or tax contacts or relationships for or between TA or any Affiliate within any country or jurisdiction in which TA or that Affiliate does not already conduct business. You are responsible for compliance with all local laws applicable to you with respect to the content and operation of this site.
Online Product Orders. Nothing contained in this site shall constitute an offer by TA or any of its Affiliates to buy or sell products or services. No agreement to buy or sell products or services shall be formed by means of the use of this site until an order is placed by a user and then accepted by, TA or one of its Affiliates, in the manner described in the specific ordering information provided with the online product or service descriptions. Once an agreement has been formed, the terms and conditions of the agreement shall be the terms and conditions of TA or its Affiliate governing the purchase or sale, as the case may be, presented on-line at the time of order. All product requests or orders are subject to prevailing law, including, as appropriate, export and import regulations and boycotting restrictions, if any, imposed by governing bodies having jurisdiction over such product requests or orders.
Hyperlinks. For your convenience, this site contains hyperlinks to other websites unrelated to TA or its Affiliates. If you use these links, you will leave this site. We are not responsible for the privacy practices, security or content of any such linked sites. Links to other sites do not imply that TA endorses, approves, or sponsors any information available at the linked site or any products or services that may be sold there, nor is TA or its Affiliates liable for any damage that might result from your use of such information, products or services. We make no representations about the hyperlinks that other parties may appear to have to this site but which are not active links to the most current information.
CONTENTS OF WEBSITE—DISCLAIMER. THE MATERIALS IN THIS SITE (INCLUDING ANY GRAPHICS) AND ANY MATERIALS MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITH RESPECT TO THE MATERIALS IN THIS SITE, TA, ITS AFFILIATES AND CONTRACTORS DISCLAIM, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TA, ITS AFFILIATES AND CONTRACTORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE MATERIALS IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THESE MATERIALS COULD BECOME INACCURATE AS A RESULT OF DEVELOPMENTS OCCURRING AFTER THE RESPECTIVE DATES SUCH MATERIALS ARE PUT ON TO THE SITE. TA, ITS AFFILIATES AND CONTRACTORS UNDERTAKE NO OBLIGATION TO KEEP SUCH INFORMATION CURRENT.
CERTAIN LINKS IN THIS SITE MAY LINK YOU TO OTHER SITES ON THE WORLD WIDE WEB. BECAUSE TA, ITS AFFILIATES AND CONTRACTORS HAVE NO CONTROL THROUGH THIS SITE ON THE USE OR NATURE OF EITHER THIRD-PARTY LINKS OR HYPERLINKS TO THIRD-PARTY SITES, TA, ITS AFFILIATES AND CONTRACTORS ARE NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. TA, ITS AFFILIATES AND CONTRACTORS ARE NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. TA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY A REFERRAL BY, OR AN ENDORSEMENT BY TA OF, THE LINKED SITE. TA, ITS AFFILIATES AND CONTRACTORS ALSO MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH LINKS OR LINKED SITES, NOR WARRANT THE RESULTS TO BE OBTAINED FROM USING SUCH LINKS OR LINKED SITES FOR ANY PURPOSE, INCLUDING FOR THE PURCHASE OF ANY GOODS OR SERVICES.
OPERATION OF WEBSITE—DISCLAIMER. TA ENDEAVORS TO MAINTAIN THIS SITE AND ITS OPERATION, BUT IS NOT, AND CANNOT BE, RESPONSIBLE FOR THE RESULTS OF ANY DEFECTS THAT MAY EXIST IN THE SITE OR ITS OPERATION. AS TO THE OPERATION OF THIS SITE, TA, ITS AFFILIATES AND CONTRACTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TA, ITS AFFILIATES AND CONTRACTORS MAKE NO WARRANTY THAT: (I) THE OPERATION OF THE SITE WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE OF ERRORS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS WILL BE CORRECTED. YOU (AND NOT TA, ITS AFFILIATES OR CONTRACTORS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR OTHER PROBLEMS YOU MAY HAVE AS A RESULT OF VISITING THIS SITE.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL TA, ITS AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR THE MATERIALS IN THIS SITE, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE INFORMATION AVAILABLE IN THIS SITE. TA AND ITS AFFILIATES SHALL NOT BE LIABLE EVEN IF TA OR ITS AFFILIATES OR AN AUTHORIZED REPRESENTATIVE OF TA OR AN AFFILIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, HARDWARE OR SOFTWARE FAILURES, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS OR OTHER HARMFUL COMPONENT, THE USE OF INFORMATION ON THIS SITE, AVAILABILITY OF RESOURCES TO SERVICE THE APPLICATIONS ON THIS SITE, OR FORCE MAJEURE EVENTS.
LIMITATIONS AS TO WEBSITE DISCLAIMERS AND LIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL THE TOTAL LIABILITY OF TA, ITS AFFILIATES OR CONTRACTORS TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Summaries of Information. References to employment practices or policies, or other information may be excerpts or summaries and may not be comprehensive, definitive or current. All references to the specified documents are qualified in their entirety by reference to the full documents.
User Information. Any information or material sent through this site to TA or its Affiliates will be deemed not to be confidential or proprietary (except that personal data shall be governed by our privacy statement), unless sent pursuant to a separate written confidentiality agreement duly executed by both parties. By sending to TA or its Affiliates copyrighted, confidential or proprietary information without a confidentiality agreement, you: (i) agree to transfer ownership of such information, including any copyright therein, to TA without further compensation; (ii) have automatically granted to TA, without further agreement or compensation, an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information; and (iii) agree that TA and its Affiliates are free to use such information, including any ideas, concepts, know-how or techniques, for any purpose.
Export Restrictions. This site is maintained and operated by TA from its offices within the United States. We make no representation that the information or other materials accessed through this site are appropriate or available for use in other locations, and access to them from other countries where their contents are illegal is prohibited. Those who choose to access the information or the site from other locations do so on their own volition and are responsible for compliance with applicable local laws. You may not export or re-export any information or products received hereunder except in full compliance with all United States laws and regulations. In particular, the information or products may not be exported or re-exported into (or to a national or resident of) any country to which the United States embargoes goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. In addition, you are responsible for complying with any local laws in your country, which may impact your right to import, export or use the information or products.
Bulletin Boards. This site may contain chat rooms or bulletin boards for the convenience of users of this site, TA, and its Affiliates. TA does not control the materials or information placed in these media. No user shall: (i) interfere with another user’s use of such media on this site; (ii) post unlawful, obscene, threatening, libelous, defamatory, scandalous, inflammatory, pornographic, profane, or indecent material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law; (iii) post material infringing upon any copyright, trademark or similar proprietary material; (iv) violate the privacy or publicity rights of others; (v) post material containing viruses or other harmful elements; or (vi) post material for commercial or advertising purposes. TA may, from time to time, monitor or review discussions, chats or postings in the chat rooms or on bulletin boards. However, TA is under no obligation to do so and assumes no responsibility or liability arising from the content of any such discussions, chats or postings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any such discussions, chats or postings. TA reserves the right to disclose any information: (x) required to satisfy legal or governmental requirements; (y) in cooperation with any law enforcement authorities or court order; or (z) if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property or personal safety of TA, its Affiliates, their employees, shareholders or customers or the public. TA reserves the right to remove or deny the posting of any material that TA deems objectionable in its sole judgment. TA may prosecute improper tampering with or use of this site to the full extent of the law.
Proprietary Information. TA owns the copyright for all of the material on this site or has a valid right from a third party to use material on this site. Trademarks and trade names belonging to TA or its Affiliates are protected under the laws of various jurisdictions and have been registered in various countries where registration is legally required or considered to be beneficial. No part of this site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights of TA and its Affiliates. The use of any such material on any other site or computer network without the prior written consent of TA or its Affiliates, as applicable, is prohibited. Permission to link to our information will not be granted to a site that frames or otherwise presents our information in a manner that does not attribute such information to us. Your use of the trademarks, service marks and trade names on this site in any manner other than as authorized in these terms, conditions and restrictions, or as authorized in writing by TA or its Affiliates, is strictly prohibited. Presentation of information in this site is not intended to confer any proprietary or other rights in our trademarks, tradenames, copyrights, patents or other proprietary rights or information nor is it intended to infringe patent rights or other intellectual property rights held by others. Linking to other sites does not imply that TA or the linked site has any legal authorization to any trademark, trade name, logo or copyright of the other.
Digital Signatures; Electronic Signatures; Notices. This site does not accept notices sent by electronic means, and no digital or electronic sound, video, action, or signature implemented through this site shall bind TA or its Affiliates, unless (i) prior written arrangements have been made by our duly authorized officers or their appointed representatives or (ii) with respect to a particular portion of our site, such portion invites electronic contracting in a specific manner, in which case electronic action in such manner shall bind us and you as a user on the terms and conditions provided. Clicking on “I submit” or “I agree” or “I accept” buttons on this site are intended as a binding electronic acceptance whose contract provisions are those terms and conditions provided online. Similarly, use of this site constitutes the user’s binding agreement to these terms, conditions and restrictions and our binding agreement to provide the information on this site on that basis.
PRIVACY AND SECURITY
The privacy and the security of your information is important to us. We take care to ensure that the online data profiles that you create and submit to us on this site are used by us, our affiliates and our business partners to fulfill our internal purposes in serving you as a customer, including fulfilling product orders, or, as a prospective customer, notifying you of our products and services that we think might be of interest to you. We use industry-standard security measures to protect these profiles and to ensure the security and fulfillment of your online orders through our site. Our site’s security measures are intended to protect the loss, misuse or alteration of information under our control. These measures may not fully protect such information in all cases, therefore you should exercise care in using this site.
Unless we are required to do so by law, we will not reveal to any party, other than our affiliates and business partners, your online profile that you submitted to us. We will not sell or publicize your online profile or any materials or other information specific to your identity submitted by you to us online, unless: (i) we first receive your permission; (ii) we notify you before we collect your online profile, materials or other information that such could be published, sold or traded; (iii) required by law; (iv) we feel it is necessary in order to protect the integrity or security of our site; (v) in conjunction with the sale of substantially all of the business of the product line(s), to which your individual online profile relates; (vi) required by the “company” identified in your individual online profile or (vii) you have violated our site terms, conditions and restrictions and we feel it is necessary to protect our business or is in the interest of an individual’s personal safety. You have the right upon request to view and verify the contents of your online profile.
Periodically, we create statistical reports that include aggregate data regarding our customers. These reports may also include information on sales, traffic patterns, and similar site related information. The amount of information we gather from you may depend on the settings you have on your browser; please refer to your browser to learn what information it sends. Our reports are used for various purposes, including improving our site. Aggregate data may be shared with external parties, such as industry trade associations, marketing organizations, or organizations providing actuarial, research study or similar services. However, no information by which any individual customer could be identified is part of the aggregate data that is shared.
Some of the applications on this site require either prequalification or registration with us before access is granted. Once access is granted, you will be issued a username and password. You should safeguard your password carefully and make it available only to those persons whom you authorize as your agent. You may not otherwise sell, resell, assign or transfer your access rights. It is our policy to grant access to anyone using your password in conjunction with your username and to treat anyone using your username and password as your agent for all purposes. You should notify us immediately of any unauthorized use of such password.
This privacy and security statement is subject to our Web Site Terms and Conditions.
Last updated 22 August 2003