TDC Filter Terms of Use

Effective Date: June 19, 2009

Acceptance

This Website, www.tdcfilter.com (“Website”), is owned by TDC Fliter Manufacturing, Inc. (“TDC Filter”). By accessing all or any part of this Website you fully accept and agree to comply with all of the Terms of Use (“Agreement”) set out below. PLEASE READ THESE TERMS OF USE CAREFULLY.

No Warranty

The information and materials contained in this Website–including text, graphics, links or other items–are provided “as is” and “as available.” TDC Filter does not warrant the accuracy, adequacy or completeness of this information and expressly disclaims liability for errors or omissions in this information. No warranty of any kind, implied, express or statutory, including but not limited to the warranties of non-infringement of third-party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given in conjunction with the information provided on the Website. The information on this Website is liable to change with little or no notice. You should not rely on any information contained on this Website without first checking with us that it is correct and up to date.

Limitation of Liability

In no event will TDC Filter be liable for any damages, including without limitation direct or indirect, special, incidental or consequential damages, losses or expenses arising in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if TDC Filter or their agents or advisors are advised of the possibility of such damages, losses or expenses. Hyperlinks to other Internet resources are used by you at your own risk; TDC Filter is not in a position to and does not seek to monitor or verify the content, accuracy, opinions expressed and other links provided by these resources in any way and is not liable for any aspect of such resources or any consequence arising from your use of those resources.

Indemnity

You agree to indemnify TDC Filter and to hold it, its officers and or agents and/or employees in respect of any and all claims, demands, costs, damages and/or penalties arising out of any failure by you to fully observe this Agreement or by reason of any use by you of any information or images provided on this Website.

The Information You Provide to TDC

You represent that any information you provide to TDC Filter by means of this Website, including, without limitation, as part of any registration, application or inquiry, is true, accurate, not misleading and offered in good faith.

You acknowledge and agree that TDC Filter may preserve any information you provide by using our Website if we are required to do so by law or in the good faith belief that such preservation and disclosure is reasonably necessary to (i) comply with a court order or other legal process; (ii) enforce this Agreement; (iii) respond to claims that involve the violation of rights of third parties; or (iv) protect the rights, property, or personal safety of TDC Filter, its users and the public.

Intellectual Property
Trademarks that are used or displayed on this Website are owned by TDC Filter or by third parties other than TDC Filter that offer and provide products and services on or through the Website. These trademarks may not be copied or used, in whole, partial or modified form, without the prior written permission of TDC Filter or, if applicable, its licensor. In addition, TDC Filter custom graphics, logos, button icons, scripts, and page headers are covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, imitated, or used, in whole, partial or modified form, without the prior written permission of TDC Filter.

Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TDC Filter. You may not use any metatags or any other “hidden text” utilizing an TDC Filter name, trademark, or product name without the express written consent of TDC Filter.

You will not use the Website or any information provided on this Website in any way that is unlawful or harms TDC Filter or any user of TDC Filter. You may not use the Website in any manner that could overburden or impair the TDC Filter Website (or the networks or systems connected to any TDC Filter Website). You may not use any device, software or instrumentality to interfere with the proper working of our Website or disobey any requirements, procedures, policies or regulations of networks connected to our Website.

Choice of Law

By accessing the services on our Website, you agree to be governed by the laws of Bolingbrook, Illinois. The laws of such jurisdiction will govern all matters relating to this Agreement, and the use, or inability to use, the services offered on our Website. Such laws will apply without regard to principles of conflict of laws. You agree to submit to the exclusive jurisdiction and venue of such jurisdiction. This choice of jurisdiction does not prevent TDC Filter from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction.

International Visitors to This Site

Our computer systems are currently based in the United States, so any information, including any personal data you provide to us may be processed by us in the United States, where data protection and privacy regulations may be different than other parts of the world, such as the European Union. If you submit an order or request a quote on this Website as a visitor from outside the United States, you will have agreed our Terms of Use and you will have consented to the transfer and processing of all such information in the United States, which may not offer an equivalent level of protection of that in the European Union or certain other countries.

Limited Time To Bring Your Claim

You and TDC Filter agree that any cause of action arising out of or related to the Website must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Right to Access

Our Website provides information about our air filtration products and services for commercial entities. As such, it is not meant to be used for persons under 18 years of age. By using this Website, you are affirming that you are 18 years old or more and are fully able and competent to enter into and comply with the terms and conditions of these Terms of Use and any Terms of Sale related to purchases you make through this Website.

Right to Revise this Agreement

This Agreement is effective as of the date set forth above. TDC Filter has the right at any time to revise and to otherwise modify this Agreement, and to impose new or additional Terms of Use (collectively, “Additional Terms”) on your use of the services available on or through our Website. Such Additional Terms are effective immediately and are incorporated into this Agreement when posted by TDC Filter to the Website. Use of the Website following such notice indicates your acceptance of all such Additional Terms.

Revision/Termination of Services

TDC Filter has the right, at any time, to modify or discontinue, temporarily or permanently, any Website features, services or information we offer online, and/or to refuse or restrict anyone from access to any such services, information or Website features, with or without notice and in our sole discretion. TDC Filter shall not be liable for any modification, suspension or discontinuance of any services, information or Website features.

Miscellaneous Terms

These Terms of Use constitute the entire Agreement between you and TDC Filter with respect to the subject matter addressed herein, and govern your use of the Website, superseding any prior agreements between you and TDC Filter relating to such subject matter. These Terms of Use may be supplemented by any other agreement you enter into with TDC Filter, including but not limited to the Terms of Sale that govern any purchase you make from our Company. The failure of TDC Filter to exercise any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree the other provisions of these Terms of Use remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal effect.