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USER ACCEPTED WEB SITE TERMS OF USE

USER ACCEPTED WEB SITE TERMS OF USE

Access to and the use of the text, graphics, images, content, data, and other material on this Web site (the “Site”) are subject to the following Terms of Use.  If you do not accept the Terms of Use stated here, do not use the Site.

Section 1. Purpose of this Site.

The Site www.inductothermgroup.com is operated for the purposes of providing general information about the Inductotherm Group’s businesses and assets. The Site is not operated for advertising or marketing purposes, and the material on this Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any product or service of any Inductotherm Group company.

Section 2. Accuracy, Completeness and Timeliness of Information on This Site

This Site has been compiled in good faith. However, no representation is made as to the accuracy or completeness of the information contained on this Site. In particular, you should be aware that this information may be incomplete, may contain errors or may have become out of date. Any reliance upon the material on this Site shall be at your own risk. This Site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we make no commitment, and disclaim any obligation, to update any information on this Site. You agree that it is your responsibility to monitor changes to the Site.

Section 3. Use of Material.

The contents of this Site, such as text, graphics, images, content, data, and other material (“Material”) are protected by copyright, trademark, and other laws under both United States and the laws of other countries or jurisdictions. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose or for personal gain. The use of the Material on any other site or in a networked computer environment for any purpose is prohibited.

Many of the trademarks, service marks and logos displayed on this Site, including the Inductotherm Group logo, are registered and/or unregistered marks of Inductotherm Group companies. This Site may also include the trademarks, service marks and logos of third parties. All of these marks are the property of their respective owners, and you agree not to use or display them in any manner without the express written consent of the applicable trademark owner.

If you violate any of these Terms of Use, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.

Section 4. Disclaimers.

The Material may contain inaccuracies or typographical errors. Inductotherm Group makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. The use OF THIS Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time.

INDUCTOTHERM GROUP ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR DOWNLOADING MATERIAL FROM THE SITE.

IF USE OF THE SITE OR THE MATERIAL BY YOU RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, INDUCTOTHERM GROUP IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE INDUCTOTHERM GROUP AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. INDUCTOTHERM GROUP AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Section 5. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL INDUCTOTHERM GROUP, ITS AFFILIATES, SUBSIDIARIES, RELATED ENTITIES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INDUCTOTHERM GROUP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 6. Links to Other Sites.

The Site contains links to third party Web sites some of which are operated by Inductotherm Group companies and some of which are operated by third parties. These links are provided solely as a convenience to you. Inductotherm Group is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web sites, you do so at your own risk.

Section 7. Software Licenses.

All software that is made available for downloading from the Site (“Software”) is protected by copyright and may be protected by other rights.  The use of such software is governed by terms of the software license agreement or designated “Legal Notice” accompanying such software (“License Agreement”).  The downloading and use of such software is conditioned on your agreement to be bound by the term of the License Agreement.

Section 8. Indemnity.

You agree to defend, indemnify, and hold harmless the Inductotherm Group, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fee, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement.  The Inductotherm Group shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Section 9. Export Control.

The United States controls the export of products and information.  You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or person prohibited under the export control laws.  By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited.  You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.

Section 10.  Changes to the Terms of Use.

We reserve the right, at our sole discretion, to change these terms of use at any time. It is your responsibility to check this Site periodically for any changes we may make to these terms of use. Your continued use of this Site following the posting of changes to these terms of use means you accept the changes.

Section 11. General.

This Web site is based in Rancocas, New Jersey.  The Inductotherm Group makes no claims the Materials are appropriate or may be downloaded outside of the United States.  Access to the Materials (including Software) may not be legal by certain persons or in certain countries.  If you access the Site from outside of the Untied States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.  This Agreement is governed by the internal substantive laws of the State of New Jersey, one of the states of the United States of America, without respect to its conflict of laws principles.  If any provision of this Agreement 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 this Agreement, which shall remain in full force and effect.  No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.  Except as expressly provided in a particular “Legal Notice” or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and the Inductotherm Group with respect to the use of the Site.  Any changes to this Agreement must be made in writing, signed by an authorized representative of the Inductotherm Group.