Terms of Use

Last updated: January 10, 2016

Acceptance of Terms of Use

Thermodata Corporation (collectively “Thermodata”, “we” or “our”) provides you with access to and use of our Website (“Site”), to Loggistix and any information, products, software, and/or features made available to you (collectively the “Service”). These Terms of Use (“Terms”) govern your access to and use of the Service.

By accessing or using our Service you agree to be bound by these Terms and our accompanying Privacy Policy that governs the collection and use of your personally identifiable information.
If you use our Service on behalf of an organization or entity (“Organization”), then you agree to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to you and that Organization.

You acknowledge that you have read, understood, and agree to be legally bound by these Terms and to comply with all applicable laws and regulations. If you do not accept these Terms, then you are not granted permission to browse, access, or otherwise use the Service.

Capitalized terms not defined in these Terms shall have the meaning set forth in our Privacy Policy.

Modifications of Terms of Use

Thermodata reserves the right to update the Terms at any time without notice to you. The most current version of the Terms can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Site pages. By continuing to access or use the Service after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Service.

Information on this Site

Information, data, text, graphics, images, sound recordings, audiovisual works and other materials (collectively “Materials”) provided by Thermodata, its licensors, or by you on the Site may contain technical inaccuracies or typographical errors. Use of such Materials is at your own risk. Thermodata may remove, change, or update Materials and make improvements and/or changes to the Site at any time without notice to you. Materials on this Site is not promised or guaranteed to be correct, current, or complete and Thermodata assumes no responsibility regarding the accuracy of the Materials posted to the Site.

Personal and Non-Commercial Use Limitation

Unless otherwise specified, the Service provided by Thermodata grants you non-exclusive, non-transferable, limited permission to access and display the Site pages that form part of the Service for your personal and non-commercial use. You may not modify, copy, reproduce, republish, upload, post, transmit, distribute, or use for the creation of derivative works any portions of the Service without our prior written consent.

User Submissions

Please understand that feedback, comments, or suggestions submitted to us regarding Thermodata or the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Third-Party Sites

The Service include links to third-party sites. Thermodata has no control over the privacy practices or the content of these sites. We do not endorse or assume any responsibility for any of the content or the use of these third-party sites.  If you visit these sites or use services available through these sites, you will be subject to their terms of use and privacy policies. You expressly relieve Thermodata from any and all liability arising from your use of any third-party website, service, or content and agree that your dealings with any third-party website, service, or content is only between you and such third parties. You agree that we are not responsible for any loss or damage of any sort arising from your interactions with such third-party sites.

Account Security

To access certain areas of the Service you must create an account and complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. It is your responsibility to keep your account password or log-in credentials confidential at all times and you are entirely responsible for any and all activities that occur under your account. Thermodata may require that you change your account information or certain parts of your account information at any time for any reason. You must notify Thermodata immediately upon becoming aware of any breach of security or unauthorized use of your account. Thermodata cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Software Available via this Site

Any software, applications and other materials (“Software”) that are made available via the Service are the copyrighted work of Thermodata and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. An end user will be unable to install any Software that is accompanied by or includes a license agreement, unless he or she first agrees to the license agreement terms. Third party scripts or code, linked to or referenced from this Service, are licensed to you by the third parties that own such code, not by Thermodata.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, THERMODATA HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

FOR YOUR CONVENIENCE, THERMODATA MAY MAKE AVAILABLE AS PART OF THE SERVICE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. THERMODATA DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICE.

No Unlawful or Prohibited Use

As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by these Terms. By way of example, and not as a limitation, you agree that when using the Service, you will not:

  • use the Service for any unlawful purposes or for promotion of illegal activities;
  • post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;
  • impersonate others through the Service or otherwise misrepresent your affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • send unsolicited communications, promotions or advertisements, or spam;
  • publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;
  • use the Service in any manner that could damage, disable, overburden, or impair any server or network infrastructure on which the Service is running;
  • attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the server through hacking, password mining or any other means;
  • obtain or attempt to obtain any Material or Content through any means not intentionally made available through the Service.

We reserve the right to immediately terminate your account without further notice in the event that, in our sole and absolute judgment, you violate these Terms or abuse the use of our Service.

Disclaimer

THERMODATA, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS (COLLECTIVELY THE “THERMODATA PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SERVICE OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THE SERVICE AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT YOU USE THE SERVICE AND CONTENT ENTIRELY AT YOUR OWN RISK. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  NONE OF THE THERMODATA PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICE OR CONTENT. IF YOU ARE DISSATISFIED WITH THE SERVICE OR CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SERVICE.

Limitation of Liability

IN NO EVENT SHALL ANY OF THE THERMODATA PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE THERMODATA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS, OR (II) THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold the Thermodata Parties harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service, including any Content transmitted or received by you; (ii) your violation of any term of these Terms and/or our Privacy Policy; and/or (iii) your violation of any third party right. This defense and indemnification obligation will survive termination, modification, or expiration of these Terms.

Property and Copyrights

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Thermodata and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the name, trademarks, logos, domain names, and other distinctive brand features of Thermodata.

Local Laws

This Service is controlled and operated from its facilities in the United States of America. Thermodata makes no representation that the Service is appropriate or available for use in other locations. If you use this Service from other locations, you are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on our Site are solely directed to individuals, companies or other entities located in the United States of America.

Governing Law and Jurisdiction

These Terms shall be construed, interpreted and performed exclusively according to the substantive laws of the State of Wisconsin, United States of America, without regard to its conflict of laws principles. You agree that any action at law or in equity arising out of or directly or indirectly relating to these Terms or the Service will be heard and resolved in the courts of Madison, Wisconsin, USA. You consent and submit to the personal jurisdiction of such courts for the purposes of any action related to the Thermodata Service, stipulate to the fairness and convenience of proceeding in such courts and agree not to assert any objections to proceeding in such courts.

Export Control

You acknowledge and agree that the Service is subject to the U.S. Export Administration Laws and Regulations. You agree not to use, deploy, export or re-export any (or any portion) of the Service to any country, person, entity or end user subject to U.S. export restrictions. You specifically agree that none of the Service is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals as set forth in the U.S. Export Administration Regulation Country Group E-1. You warrant and represent that neither the U.S.A. Bureau of Industry and Security, U.S. Department of Commerce, nor any other federal agency has suspended, revoked or denied your export privileges.

Force Majeure

Thermodata shall not be liable for any losses arising out of the delay or interruption of its performance of obligations due to any acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications, utility, Internet services or network provider services, acts or omissions by a third party, infiltration or disruption of the Service by a third party, or other catastrophes or occurrences that are beyond its reasonable control.

General

In the event that any provision of these Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. The failure by Thermodata to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. In the event of a conflict between the Terms and the applicable Service Agreement, the latter shall govern.

Legal Contact information

If you have any questions about these Terms, please contact us at legal@thermodata.us.