THE FOD CONTROL CORPORATION

TERMS OF USE

This web site ("Site") is owned and operated by The F.O.D. Control Corporation ("TFCC"). TFCC maintains this Site as a service to its customers.

The following Terms of Use govern the use of this Site and the information that is accessible on or from the Site. Please read theses Terms carefully before entering the Site, and refer to them as necessary while you navigate the Site. By accessing, browsing or otherwise using this Site, you acknowledge that you have read, understood, and agree to these Terms and that you agree to comply with applicable laws and regulations. If you do not agree with these Terms, please exit the Site immediately. TFCC may revise these Terms at any time. You are responsible for reviewing these Terms periodically in order to ensure compliance.

1. LEGAL NOTICES AND DISCLAIMERS:

A. ALTHOUGH TFCC USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS SITE, IT MAKES NO REPRESENTATIONS AS TO THE ACCURACY, TIMELINESS OR COMPLETENESS OF THAT INFORMATION.

B. THE MATERIALS ACCESSIBLE FROM OR ON THIS SITE ARE PROVIDED "AS IS", AND TFCC EXPRESSLY DISCLAIMS ANY IMPLIED OR EXPRESS WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RELATING TO SUCH MATERIAL. ALL PRODUCT WARRANTEES, IF OFFERED, ARE OFFERED BY THE MANUFACTURER.

C. TFCC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, A LOSS OF DATA, PROFITS OR REVENUE, ARISING OUT OF THE USE OF OR RELIANCE ON, OR INABILITY TO USE, THE MATERIALS ON THIS SITE. THE ENFORCEABILITY OF THIS LIMITATION MAY VARY IN SOME AREAS.

D. TFCC MAY CHANGE THE PRODUCTS OFFERED ON THIS SITE AT ANY TIME WITHOUT NOTICE.

E. TFCC ADVERTISES AND SELLS THE PRODUCTS LISTED ON THE SITE AT THE REQUEST OF THE PRODUCT MANUFACTURERS. ANY WARRANTEES OR GUARANTEES THAT APPEAR ON THIS SITE ARE THOSE OF THE SPECIFIC PRODUCT MANUFACTURER.

F. ALL STATEMENTS REGARDING PRODUCT QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, INCLUDING ALL "ANSWERS" IN THE "QUESTION AND ANSWER" FORMAT AREA, ARE DERIVED FROM INFORMATION PROVIDED BY EACH PRODUCT MANUFACTURER. ANY AND ALL PRODUCT SPECIFICATIONS AND PERFORMANCE DESCRIPTIONS APPEARING ON THE SITE HAVE BEEN PROVIDED BY THE MANUFACTURERS. TFCC IS NOT RESPONSIBLE FOR THE ACCURACY OF SUCH INFORMATION.

G. THIS SITE CONTAINS STATEMENTS MADE BY CUSTOMERS REGARDING THE QUALITY AND PERFORMANCE OF PRODUCT(S) THAT THEY HAVE PURCHASED. THESE ASSERTIONS, AND ALL RELATED INFORMATION, OBTAINED BY YOU FROM THE SITE ARE THE OPINIONS OF THE INDIVIDUAL CUSTOMER(S) ONLY AND DO NOT CREATE A WARRANTY.


2. APPLICABLE LAWS: This Site originates from and is maintained in the State of Arizona, in the United States of America. TFCC makes no representation that materials at this Site are appropriate for use outside the United States and access to this Site from territories where such access is illegal is strictly prohibited.
By accessing this Site, both you and TFCC agree that the statutes and laws of the State of Arizona, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Site. You and TFCC further agree and hereby submit to the exclusive personal jurisdiction and venue in Tucson, Pima County, Arizona, with respect to all legal matters involving the Site. You waive any and all objections to that forum for lack of venue, forum non conveniens, and/or on any other jurisdictional ground. Any export or use of Site content must be in compliance with all U.S. export laws and regulations in effect at the time of such export or use. Users who access the Site from outside of the United States do so at their own risk and are responsible for compliance with applicable U.S. export and local country laws.

3. USER SUBMISSIONS: Any information, material or idea you transmit to or post on this Site will be treated as non-confidential and non-proprietary, and may be disseminated or otherwise used by TFCC in accordance with its Privacy Policy.

4. LIMITATIONS ON USE: Commercial use of the Site or TFCC materials and screen shots, and the reproduction, copying, or redistribution for commercial purposes of any materials or design elements on the Site, is strictly prohibited without the express written permission of TFCC. Permission is granted only when certain limited criteria are met. To request such permission please send to : info@fodcontrol.com
with the word "Permission" in the subject line, and include the following information in the body of the message:

A. The content you wish to use.
B. Where and how will it be used (for example, in a book cover, an advertisement, or a brochure).
C. Where and how copies will be distributed and to what audience.
D. How many copies will be produced and distributed.
E. When you intend to publish.
F. Other, non-Site materials that will be associated with the Site content.
G. Your name, title, company, address, email address, and phone number.

We will evaluate your request as soon as possible. TFCC reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material.

5. LINKS TO THIRD PARTY SITES: The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TFCC has no control over such sites and resources, you acknowledge and agree that TFCC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TFCC 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.

6. TRADEMARK INFORMATION: Any trademarks, service marks, and logos used and displayed on this Site are registered and unregistered trademarks of TFCC and/or the product Manufacturers. TFCC trademarks may be used publicly only with permission from TFCC and proper acknowledgement. Except as expressly granted in this section, TFCC does not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information. TFCC will make arrangements to provide information regarding all applicable trademarks and patents upon request.

7. COPYRIGHT INFORMATION: All information on this Site is the copyrighted property of TFCC or the product Manufacturers and is protected under United States and worldwide copyright laws and treaty provisions. TFCC grants you permission to view, copy, download, and print TFCC information that is available on this Site, subject to the following conditions:
• The copied materials may be used solely for personal, informational, and noncommercial use in support of TFCC services.
• The copied materials may not be modified or revised in any manner.
• The copied materials must display all copyright, trademark, and other proprietary notices, in the same form and manner as on the original.
• The copied materials must include a statement that the materials are used solely with permission of TFCC.
All other rights reserved. Permission to use copyrighted TFCC materials terminates automatically upon breach of any of these conditions. Other products and company names mentioned in this Site may be copyrighted by, or the trademarks of, their respective owners.

8. INTELLECTUAL PROPERTY VIOLATIONS: TFCC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TFCC's Copyright Agent the following information:

A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual property that you claim has been infringed;
C. a description of where the material that you claim is infringing is located on the Site;
D. your address, telephone number, and email address;
E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
F. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

TFCC's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Gary Chaplin
Copyright Agent
c/o The FOD Control Corporation
8987 East Tanque Verde Rd., Bldg. 309
Tucson, Arizona 85749-9399.
By phone: 1-800-425-8363 or e-mail:
By email: info@fodcontrol.com

9. INDEMNITY: You agree to indemnify and hold TFCC, and its directors, employees, officers and agents harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, your violation of the Terms of Use, or your violation of any other rights of another.

10. GENERAL INFORMATION: These Terms of Use constitute the entire agreement between you and TFCC. Additional terms and conditions may apply upon Product(s) purchase. The failure of TFCC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. 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 Service 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 section titles in the Terms of Use are for convenience only and have no legal or contractual effect.