The THS Company: Terms & Conditions
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THS Terms & Conditions

These Terms of Use and any other posted guidelines or rules applicable to the Website (collectively, the "Terms of Use") set forth the terms and conditions that apply to your ("User" or "You") use of various web pages at or linked to the URL www.thsweb.com (the "Website") which are brought to You by THS Company, LLC ("THS"). By using the website, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Use. All such guidelines and rules are hereby incorporated by reference into the Terms of Use.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. If You have any questions concerning the Terms of Use, please contact us by email or mail. Our email address is: info@thsweb.com. Our mailing address is 200 Route 31 North, Suite 204, Flemington, New Jersey 08822.

BY USING OR DOWNLOADING INFORMATION FROM THIS WEBSITE YOU REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER, HAVE READ AND UNDERSTOOD THIS TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE WITH ANY PART OF THE TERMS OF USE GOVERNING THIS WEBSITE, YOU SHOULD NOT USE THIS WEBSITE.

1. Changes in Terms and Conditions

THS has the right to change or discontinue any aspect or feature of the Website. THS has the right to change or modify the terms and conditions applicable to Your use of the Website (including these Terms of Use), or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof. Any use of the Website by You subsequent to such notice shall be deemed to constitute acceptance by You of such changes, modifications or additions.

2. Your Registration Obligations

In consideration of Your use of the Website, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by our registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or THS has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, THS has the right to suspend or terminate Your account and refuse any and all current or future use of the Website.

3. THS Privacy Policy

Registration Data and certain other information about You is subject to our Privacy Policy. While we do our best to safeguard Your information, please remember that privacy over the Internet cannot be guaranteed. We have the right to share Your name and contact information with our attorneys or with law enforcement officials or agencies in the event of serious violations of conduct (as determined solely by THS).

4. User License

Users are granted, subject to this Terms of Use and for a stated term, a personal, non-exclusive, non-assignable, and non-transferable license to access and use the Website. Modifications of any materials on the Website or use of the materials for any purpose other than as contemplated in the Website is a breach of Your agreement with us and constitutes a violation of THS' copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on the Website.

5. Lawful Use

Users shall use the Website for lawful purposes only. Any conduct by a User that in THS' discretion restricts, limits or inhibits any other User from using or enjoying the Website is expressly prohibited. You further agree not to obtain or attempt to obtain through the Website any materials or information not intentionally made available to You through the Website. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website.

6. User Account, Password and Security

You will receive a password and account designation upon completing the Website's registration process. You agree that there shall only be one person associated with each account designation and that You shall provide THS with the name of such individual as part of the registration process.

No other person shall be permitted to use the account designation or password to access the Website. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account.

You agree to (a) immediately notify THS of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. THS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION 6.

7. Termination

The license granted herein shall terminate automatically with or without notice from THS if You fail to comply with any provision of the Terms of Use. You agree that THS will not be liable to You or any third party for any modification, suspension, or discontinuation of the Website.

You agree that any termination of Your access to the Website under any provision of this Terms of Use may be effected with or without prior notice, and acknowledge and agree that THS may immediately deactivate or delete Your user identification and password and all related information and files under Your user identification and password and/or bar any further access to the Website.

Further, You agree that THS will not be liable to You or any third party for any termination of Your access to the Website. In the event that You violate these Terms of Use, THS has the right to file suit against You for such legal remedies that may be available to us, and we may recover such compensation from You as is permissible by law. If THS is the prevailing party in any judicial action against You, or instituted by You, You agree to pay to THS its reasonable attorney's fees and court costs incurred in such action.

8. Content Rights

The entire content of the Website and any supporting software are the proprietary property of THS and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws.

None of the content found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred, distributed or modified without the express written permission of THS. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. Users acknowledge that he/she does not acquire any ownership rights by downloading copyrighted material. Any permitted use of our trademarks by You shall be to the benefit of THS.

Unauthorized use of the Website would be a violation of THS and its licensors' rights. In addition, the trademarks, logos and service marks displayed on the Website (collectively, the "Trademarks") are the property of THS, its affiliates, and various third parties. The Website and the software incorporate in the Website may not be reverse engineered, de-compiled or disassembled.

9. Links to Other Websites

The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. THS is not responsible for the availability of such external sites or resources and THS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

10. General Practices

Regarding Use and Storage You acknowledge that THS may establish general practices and limits concerning use of the Website. You agree that THS has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted to the Website.

11. Disclaimers of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK AND YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT:

  • a. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
  • b. THS MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  • c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  • d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
  • e. USE OF THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY, AND THS IS NOT LIABLE FOR THE POSTING, OR FAILURE TO POST, OF ANY INFORMATION ON THIS WEBSITE.

12. Limitations of Liability and Remedies

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INTANGIBLE LOSSES (EVEN IF THS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE. THS IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY WITH RESPECT TO, THE CONTENT OF THIRD PARTY WEB SITES THAT ARE LINKED TO OR FROM THE WEBSITE. NEITHER THS NOR THE WEBSITE IS RESPONSIBLE FOR THE USER GENERATED CONTENT ON THE WEBSITE.

13. Entire Agreement

The Terms of Use (including the Privacy Policy referenced herein) constitutes the entire agreement between You and THS, governs Your use of the Website, and supersedes any prior agreements between You and THS concerning the Website.

14. Controlling

Law The Terms of Use shall be construed in accordance with the laws of the State of New Jersey, United States of America, and You agree to submit to the exclusive jurisdiction of the courts of the State of New Jersey in any action brought to enforce or arising out of the Terms of Use. Notwithstanding the foregoing, THS, in THS' sole discretion, shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief available to it.

15. Indemnification.

You agree to defend and indemnify THS and any of its affiliates, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (i) Your breach of these Terms of Use or the documents referenced herein, (ii) Your violation of any law or the rights of a third party; or (iii) Your use of this Website.

16. Confidentiality

Any and all Confidential Information (as defined below) disclosed to or obtained by You in connection Your use of the Website shall be deemed confidential and proprietary information belonging to THS. In recognition of the foregoing, You covenant and agree: (a) that You will maintain all Confidential Information in strict confidence, using at least the same degree of care as You use to avoid unauthorized use or disclosure of Your own confidential information, but in no event less than a reasonable standard of care or that standard of care imposed upon You by applicable laws whichever is greater; (b) that You will not make use of any Confidential Information for Your own purposes or the benefit of anyone or any other entity; (c) that You will take no action with respect to the Confidential Information that is inconsistent with the confidential and proprietary nature of such information; (d) that You will store any copies of Confidential Information in a secure location, separate and apart from any of Your other business records; (e) that You shall only disclose Confidential Information to Your employees who have a need to know such Confidential Information; and (f) that You have the programs, process and procedures in place to comply with the confidentiality, data security and privacy obligations found herein or imposed by Federal or State laws governing the Confidential Information.

For purposes of these Terms of Use, "Confidential Information" shall include all information of THS disclosed or provided to You through the Website, including, but not limited to, technical and financial data, security information (such as computer passwords and identification codes), computer information (such as codes, operating instructions and functionality), credit card information, financial statements, billing statements, credit information and social security numbers.

You acknowledge that the unauthorized disclosure of the Confidential Information may cause irreparable injury to THS. THS shall, therefore, be entitled to seek injunctive relief upon a disclosure or threatened disclosure of any such Confidential Information, without the posting of a bond. Without limitation of the foregoing, You shall advise THS immediately in the event that You learn or believe that any person or entity which has had access to Confidential Information has violated or intends to violate the terms of these Terms of Use, and will cooperate with THS in seeking injunctive or other equitable relief against any such person or entity. This provision shall not in any way limit such other remedies as may be available to THS at law or in equity. At anytime upon THS' request, You shall promptly return to THS all materials incorporating Confidential Information and all copies of the same.

17. Miscellaneous Terms

Our relationship is not one of agency or partnership and You are not and will not be deemed to be, a partner, employee, fiduciary, agent or representative of the Website or THS by Your use of the Website. You may not assign or transfer Your rights to any third party. These terms are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. Failure to enforce a term of the Terms of Use shall not be deemed a subsequent waiver of that term or other terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred. The Terms if Use becomes effective by internet online acceptance or by simply using or downloading information from the Website.

Privacy Policy

This website, www.thsweb.com ("Site") is brought to you by THS Company, LLC ("THS"). The following discloses our information gathering and usage practices. For additional information about the Site please review our Terms of Use carefully before using this Site. Your use of this Site is subject to the Terms of Use (of which this Privacy Statement is a part) which is posted on this Site.

Email:

It is the policy of THS to send only the types of email they elect to receive in addition to THS' customary business communications. Further, it is our policy to remove members from any mailing list to which they have subscribed upon request (members will continue to receive customary business communications from THS). PLEASE CONTACT US IMMEDIATELY IF YOU BECOME AWARE OF ANY UNAUTHORIZED USE OR ACCESS TO THIS SITE.

Security:

We work diligently to protect the security of your personal information. When we transmit highly confidential information (such as a password) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. If a password is used to help protect your accounts and personal information, it is your responsibility to keep your password confidential. It is important for you to protect against unauthorized access to your password and to your computer by ensuring that you logoff when finished visiting the Site using a shared computer. However, no data transmission over the Internet is guaranteed to be completely secure. Given the inherent operation and structure of the Internet, all transmissions are done at your own risk.

Cookies:

The use of cookies is common in the Internet industry. Cookies are small text files that a website transfers to your computer's browser. Cookie technology tells the website non-personally identifiable information, but does identify your computer, browser and Internet specifications. This Site may use cookies to measure traffic patterns, personalize content and control security.

Use of Web Beacons:

The Site may contain electronic images known as Web beacons - sometimes called single-pixel gifs - that may be used to assist in delivering cookies on our Site and allow us to count users who have visited those pages and to deliver co-branded services. We may include Web beacons in e-mail messages or our newsletters in order to determine whether messages have been opened and acted upon.

IP Address:

An IP address is a number automatically assigned to your computer by your Internet service provider. Like most Internet sites, we use your IP address generally for system administration purposes, to gather broad demographic information, to monitor the level of activity on the Site and for security reasons. This information may be distributed to third parties, but only in aggregate form. Personally identifiable information may be linked to IP addresses to protect the security or integrity of the Site.

Advertisements Displayed by Third Parties:

We may allow third-party ad serving companies, including ad networks, to display advertisements on the Site. Ad serving companies often place a persistent cookie on your computer in order to recognize your computer each time they display an online advertisement to you. Because these companies may serve advertisements on many different websites, they may be able to compile information over time about where you, or others who are using your computer, saw and/or clicked on the advertisements they display. These companies may use this information to make predictions about your characteristics or preferences and to display targeted advertisements that they believe may be of interest to you. They may also associate this information with your subsequent visit, purchase or other activity on participating advertisers' websites in order to determine the effectiveness of the advertisements. These companies may offer you a way to opt out of ad targeting based on their cookies. You may find more information on their individual websites.

Links to Other Sites:

We may include on the Site links to other websites on the Internet. The information practices of those websites are not covered by this Privacy Statement or any other policies or terms applicable to this Site. You should read the terms and policies of those other websites before supplying information to that site or otherwise using the site.

Ownership:

This Site is owned and operated by THS and the contents of this Site are protected by copyright and other intellectual property rights of THS and/or its licensors.

Abuse of Terms of Service:

We may provide your personal information to law enforcement officials or other investigating agencies to assist them in the investigation of any suspected violations of law. We also have the right to share your name and contact information with our attorneys in the event of serious violations of conduct.