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Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via this site, please notify us by sending an email. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim. Indemnity. You agree to hold us and our affiliates, agents and licensors harmless from any claim that may arise from your use of any of our sites. 4. Third Party Services As a convenience to you, we may provide links to third-party websites. Those websites and the parties that control them are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against us with respect to such sites and their operators. You may order services or merchandise through links on our sites from persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us - nor will we be deemed - a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity. 5. Disclaimer of Warranties YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. OUR SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRU-QUALITY QUALITY INCORPORATED, ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION, MATERIALS AND SERVICES AVAILABLE THROUGH OUR SITES. WE DO NOT GUARANTEE OUR SITES TO BE ERROR-FREE, SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ALSO AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR SITES, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF ANY MATERIAL AND/OR DATA. OUR SITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER TRU-QUALITY INCORPORATED NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITES, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITES ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE. TRU-QUALITY INCORPORATED, ITS AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH OUR SITES, OTHER THAN THOSE EXPRESS WARRANTIES TRU-QUALITY INCORPORATED ITSELF SPECIFICALLY MAKES ON ANY TRU-QUALITY INCORPORATED ORDER FORM. 6. Limitation of Liability UNDER NO CIRCUMSTANCES WILL TRU-QUALITY INCORPORATED OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF ANY OF OUR SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF TRU-QUALITY INCORPORATED, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO ANY OF OUR SITES WILL NOT EXCEED THE AMOUNT YOU PAID TO US TO USE THE SITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF TRU-QUALITY INCORPORATED, ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. 7. Discontinuance, Modification & Restrictions We may discontinue, change, suspend, or restrict access to any of our sites or any portion of our sites at any time without liability to you or any third party. 8. Applicable Law & Exclusive Jurisdiction This site is controlled and operated by Tru-Quality InCorporated from the state of Ohio in the United States of America. Those who choose to access our site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Visitor Agreement constitutes an agreement made in, and to be construed in accordance with the laws of, the State of Ohio without regard to its conflict of law provisions. By using this site, you consent to the exclusive jurisdiction of the state and federal courts in Licking County, Ohio, in all disputes arising out of or relating to this agreement or any of our sites. 9. Dispute Resolution You agree not take any legal action against us that relates to or arises out of any of our websites without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to dispute at tru-quality.com, or such other designee as Tru-Quality may identify from time to time. 10. Miscellaneous In the event that any provision of this Visitor/Member Agreement conflicts with the law under which this Visitor/Member Agreement is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Visitor/Member Agreement, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Visitor/Member Agreement will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of the Visitor/Member Agreement, or to exercise any right under the Visitor/Member Agreement, such a failure will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.
This Visitor/Member Agreement constitutes the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter. Tru-Quality InCorporated reserves the right to change any part or all of this agreement at any time without prior notice.
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