This Terms of Use Agreement (the “Agreement”) is between you, any company or business entity on whose behalf you are acting, and TTE Filters its subsidiaries, and affiliates (collectively “TTE”) which own and operate TTE’s network of Web properties (collectively the “TTE Site”). By your use of the TTE Site you agree, without limitation or qualification, to be bound by, and comply with this and all future Agreements. If you do not wish to be bound by the terms of this Agreement, please do not use this Web site.
TTE Content & User Provided Content
The term “TTE Content” means any information, data, text, messages, articles, software, photos, video, graphics, music, sounds and any other material or services posted on the TTE Site by TTE, except User Provided Content. You agree that all TTE Content is the sole property of TTE and its licensors who shall retain all right, title, and interest in and to it. The term “User Provided Content” means all information, text, messages, articles, photos, or other material provided by you or other users, whether publicly posted or privately transmitted. User Provided Content is the sole responsibility of the person who provided it. You represent and warrant that you own or otherwise control all of the rights to the User Provided Content that you submit to the TTE Site, and that you, or the owner of any such User Provided Content, grant to TTE an unlimited right to use, republish, reproduce, modify or adapt it for any business purpose (except as limited by TTE’s Privacy Policy Statement), and waive all moral rights in it. TTE does not control, and is not responsible for, any User Provided Content, nor does TTE guarantee its accuracy or integrity. Notwithstanding, TTE retains the unlimited right, at its sole discretion, to monitor any and all User Provided Content and to edit, delete, render unavailable, or otherwise dispose of any User Provided Content without notice and without liability to any party. You acknowledge that you may be exposed to content that is offensive and/or objectionable to you. The TTE Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All TTE Content on the TTE Site is protected by copyright, and is owned or controlled by TTE or its licensors. You will abide by any and all additional copyright notices, information, or restrictions contained in any TTE Content or User Provided Content on the TTE Site. You may not modify, publish, re-transmit, participate in the transfer, sale or resale of, copy (other than temporary copies that may appear in or be created by your browser), create derivative works of, distribute, perform or display any TTE Content in any way, except that you may make one copy for your personal, non-commercial use only, provided that you maintain all copyright and other notices contained in such TTE Content. The trademarks, logos, service marks, page headers, custom graphics, button icons, scripts, and trade dress displayed on the TTE Site are registered and unregistered Trademarks of TTE and others. Except as provided in this Agreement or by written permission of TTE, you may not copy, imitate, or use the Trademarks.
conduct Limitation
You represent, warrant and covenant that: (a) you will not upload, post or transmit to, or distribute or otherwise publish through the TTE Site either directly or indirectly any materials which (i) restrict or inhibit any other user from using and enjoying the TTE Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or, otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) are unsolicited email (“Spam”), or (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old. You specifically agree to comply with all agree with all local rules regarding online conduct and acceptable content. Some features on the TTE Site require registration. By registering at, and in consideration of, your use of the TTE Site you agree to provide, true, accurate, current, and complete information about yourself, and to maintain and promptly update such information. You may only maintain one active registration with TTE. By accepting this Agreement, you certify that you have no other registration with TTE. Some features on the TTE Site require use of a password. You are responsible for protecting your password. You agree that you will be responsible for any and all statements made, and acts or omissions which occur, through the use of your password. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your password, notify TTE immediately. TTE will assume that any communication it receives under your password will have been made by you unless TTE receives notice otherwise. You, or third parties, are not allowed to frame our site, or use our proprietary marks as meta tags, without our written consent. You may not use frames or utilize framing techniques or technology to enclose any TTE Content without TTE’s express written consent. Further, you may not utilize any TTE Content in any meta tags or any other “hidden text” techniques or technologies without TTE’s express written consent.
Changes & Termination
TTE may for any reason change, suspend, or discontinue any aspect of the TTE Site, this Agreement, TTE Content, or User Provided Content at any time without notice or liability to you (“Changes”). Changes become effective upon posting on the TTE Site. Your use of the TTE Site after the time Changes are posted indicates your assent to the Changes. TTE may also impose limits on certain features and services or restrict your access to parts or all of the TTE Web Site without notice or liability. Your exclusive remedy in the event of any of the foregoing will be to terminate your use of the TTE Site. Upon termination, you must immediately destroy any downloaded and/or printed TTE Content, and any installations thereof, which you have obtained from the TTE Site.
Indemnity
You agree to indemnify, defend, and hold harmless TTE, from and against any claim, liability, cost, damage, expense, or loss it may incur (including, without limitation, reasonable attorneys’ fees and costs) as a result of (i) your use of User Provided Content or TTE Content; (ii) any content provided by you; (iii) any violation by you of your obligations under this Agreement; and (iv) any violation by you of the rights of others. TTE reserves the right, but not the obligation to, at its own expense, assume control of the defense of any action subject to indemnification by you under this Agreement. You agree not to settle any claim arising under this Agreement without the prior written consent of TTE. You will use your best efforts to cooperate with TTE in the defense of any claim.
Disclaimer of Warranties
TTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE COMPLETENESS, TRUTH, ACCURACY, NON-INFRINGEMENT OF PROPRIETARY RIGHT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF THE CONTENT FOUND HEREIN. ALL CONTENT PROVIDED ON THE TTE SITE IS TO BE USED ON AN “AS IS, WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. FURTHER, TTE MAKES NO WARRANTY THAT SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF VIRUSES, WORMS OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR THAT THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL WILL MEET YOUR EXPECTATIONS OR WILL BE ACCURATE, RELIABLE OR RESULT IN REVENUE OR SAVINGS TO YOU. You agree that TTE will not be held liable to anyone for any loss or injury resulting from your direct or indirect use of the TTE Site. This includes, but is not limited to, loss or injury caused in whole or in part by TTE’s procuring, compiling, interpreting, reporting or delivering any portion of the TTE Site. Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to you, but the disclaimer will apply to the furthest extent allowed by law.
Disclaimer of Liability
You acknowledge that TTE will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if TTE has been advised of the possibility of such damages), resulting from or related to the use or inability to use the TTE Site whether or not such loss or damage is based on contract, tort (including negligence and strict liability) or otherwise. Some jurisdictions do not allow the waiver of such damages, so this may not apply to you, but the waiver will apply to the furthest extent allowed by law. The TTE Site contains links to, and is linked from, other non-TTE Web sites. TTE makes no claim or representation regarding, and accepts no responsibility for any content, products, or materials on such sites, nor does it assume any responsibility for your reliance on or use of content, products or other materials obtained from such sites. Such reliance is at your own risk.
Governing Law
This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of New York (except with respect to its conflict of law provisions), as if the Agreement were a contract wholly entered into and wholly performed in Cattaraugus County, New York, independent of your actual state or country of residence. Any dispute arising out of or relating to this Agreement whether at law or in equity will be resolved exclusively in the federal or state courts located in Cattaraugus, New York, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.
Compliance with Export Control Laws
This Agreement, your rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of New York (except with respect to its conflict of law provisions), as if the Agreement were a contract wholly entered into and wholly performed in Cattaraugus County, New York, independent of your actual state or country of residence. Any dispute arising out of or relating to this Agreement whether at law or in equity will be resolved exclusively in the federal or state courts located in Cattaraugus, New York, and you hereby irrevocably and unconditionally consent to the exclusive jurisdiction and venue of such courts.
Miscellaneous
This Agreement constitutes the entire agreement between TTE and you with respect to your use of the TTE Site. Any cause of action you may have with respect to your use of the TTE Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. All provisions of this Agreement that impose obligations continuing in their nature shall survive the termination or expiration of this Agreement, including but not limited to, provisions for indemnity and any licenses granted by you to TTE. The failure of TTE to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.