Please read these terms and conditions of use before using this site. By continuing to access or use this site or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.
1. User Acceptance and Consent to Terms and Conditions of Use.
Therative, Inc. ("Therative") maintains the Therative product site (the "Site") for your personal information, education, and communication. You may download material displayed on the Site for non-commercial, personal use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, re post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Therative's prior written permission. Your access to and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws.
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Therative. Therative neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Therative.
While Therative uses reasonable efforts to include accurate and up to date information in the Site, Therative makes no warranties or representations as to its accuracy. Therative assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Licence; Permitted Use.
You agree that you are only authorized, in accordance with, and pursuant to these Terms and Conditions, to visit, view and to retain a copy of pages of the Therative.com Site for your own personal, noncommercial use, and that you shall not sell, duplicate, download, publish, modify, display, publicly perform, distribute or otherwise use the Therative.com Site for any purpose other than personal use, unless otherwise specifically authorized by Therative.com to do so. As an express condition of your use of the Therative.com Site you warrant to Therative.com that you will not use the Therative.com Site or the information contained therein for any unlawful purpose or purpose prohibited by these Terms and Conditions. You also agree not to link or deep-link to the Therative.com Site for any purpose, unless specifically authorized by Therative.com to do so. You acquire absolutely no rights or licenses in or to the Therative.com Site and/or the ThermaClear Product Line and materials contained therein other than the limited right to utilize the Therative.com Site and/or the ThermaClear Product Line in accordance with these Terms and Conditions. Should you choose to download content from the Therative.com Site, you must do so in accordance with these Terms and Conditions. Such download is licensed to you by Therative.com ONLY for your own personal, noncommercial use in accordance with these Terms and Conditions and does not transfer any other rights to you. If you violated any part of these Terms and Conditions, your permission to use the Therative.com Site automatically terminates and you must immediately destroy any copies you have made of any material obtained through the Therative.com Site.
4. Rules Of User Conduct; User's Grant Of Limited License.
Rules of User Conduct. You understand that by using the Therative.com Site, you may be exposed to Content that is inaccurate, incomplete, offensive, indecent or objectionable. Under no circumstances will Therative.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Therative.com Site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Therative.com Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
•is patently offensive to the online community, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise violates Therative.com’s Terms and Conditions;
•victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
•infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
•constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
•contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
•impersonates any person or entity, including any employee or representative of Therative.com or any person or entity or falsely states or otherwise misrepresent your affiliation with a person or entity;
•harms minors in any way;
•intentionally or unintentionally violates any applicable local, state, federal or international law;
•“stalks” or otherwise harasses another; or
•collects or stores personal data about other users.
You also agree that you will not harvest or collect information about the users or members of this Therative.com Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a minor. You further agree that you will not use any robot, spider, other automatic mechanisms or manual process to monitor or copy our web pages of the Therative.com Site or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any software or routine to interfere or attempt to interfere with the proper working of the Therative.com Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, non-commercial use) from the Therative.com Site without the prior expressed written permission of Therative Inc. Although Therative.com cannot monitor the conduct of its Users off the Therative.com Site, it is also a violation of these rules to use any information obtained from this Therative.com Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without such User’s prior explicit consent.
Therative.com is not responsible for screening, policing, editing, or monitoring the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Therative.com Site. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, Therative may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content. Notwithstanding the foregoing, neither Therative nor its affiliates, directors, officers, employees or other representatives can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither Therative, nor any of its affiliates, directors, officers, employees or other representatives shall assume liability for any action or inaction with respect to conduct, communication, or content on the Therative.com Site.
You acknowledge and agree that Therative.com.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
a. comply with legal process;
b. enforce the Terms and Conditions;
c. respond to claims that any Content violates the rights of third-parties; or
d. protect the rights, property, or personal safety of Therative.com, its users and the public
Use the Web Forums At Your Own Risk.
The Therative.com Site may contain bulletin board services, chat areas, news groups, forums, communities and other message and communication facilities (collectively "Forums").
Therative does not control the files, information, or messages (collectively, "Information") delivered to or displayed in the Forums, unless otherwise noted therein, and Therative assumes no duty to, and does not, monitor or endorse Information within the Forums, nor does Therative represent or guarantee the truthfulness, accuracy or reliability thereof or that the Information complies with the terms of this Agreement. Therative reserves the right at all times to edit, refuse to post, or to remove any Information, in whole or part, that Therative in its sole discretion, deems inappropriate for inclusion in the Forums.
Therative reserves the right to expel you from or suspend your access to some or all of the Forums on the Therative.com Site for violating the law or this Agreement. The Forums are public and not private communications and may be read by others without your knowledge or permission. Your use of the Forums is at your own risk and you must be careful about disclosing your personal information.
5. Proprietary Rights, Restrictions on Use.
Images of people or places displayed on the Site are either the property of, or used with permission by, Therative. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Therative and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Therative, Inc. or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Therative will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. Therative has not reviewed all of the sites linked to the Site and is not responsible for the content of any non Therative off-site pages or sites linked to the Site.
Therative is not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Therative also 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 access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
Therative does not endorse the content on any third-party websites. Therative is not responsible for the content of linked third-party sites, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
6. International Use.
Therative makes no representation that materials on this Therative.com Site are appropriate, legal or available for use in locations outside the United States, or that it is authorized for export from the United States or import into any other country. This Therative.com Site is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use is contrary to local law or regulation. Those who choose to access this Therative.com Site from other locations do so on their own initiative and should inform themselves about and observe any such laws or regulations and consult a professional if in doubt as to the meaning of any part of the content and services of this Therative.com Site and the Therative.com Services. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction outside of the United States from which you may access the Therative.com Site
Therative may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Therative is a trademark of Therative, Inc. Patents pending.