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Last Updated: July 2003
This web site is owned and operated by Sorel Corporation. PLEASE READ THESE
TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE. By using this
site, you signify your agreement with these Terms and Conditions of Use. If you
do not agree to these terms and conditions, please do not use or further access
this site.
- MINORS. You agree to supervise usage by, and be responsible for
the actions of, any minors who use your computer to access this site. By providing
information or placing an order, you represent and warrant that you are at least
thirteen (13) years of age.
- PRIVACY AND PROTECTION OF PERSONAL INFORMATION. See the Sorel Privacy
Policy, incorporated herein by this reference, for complete information relating
to the collection and use of your personal information.
- MODIFICATION OF THESE TERMS OF USE. We reserve the right to change
the terms and conditions under which this site is offered by making changes to these
Terms and Conditions of Use. You are responsible for regularly reviewing these Terms
and Conditions of Use. Your continued use of this site constitutes your agreement
to all such terms and conditions.
- LINKS TO OTHER SITES. This site may contain images of and links
to other web sites that are independently run sites outside of our domain. We have
no control over or responsibility for the content of such independent sites, which
have their own privacy and data collection practices and terms of use, independent
of us. We provide these links to you only as a convenience. Neither these sites,
nor any content available through links to and from them, are screened, reviewed
or endorsed by us. We have no liability for any damages caused by the use or inability
to use such third party sites.
- FORWARD LOOKING STATEMENTS. This site, including the reports and
audio and visual materials available through this site, includes forward looking
statements, including statements concerning liquidity, future financing and working
capital requirements and availability. These forward-looking statements, and others
made from time to time by management, are subject to many risks and uncertainties.
Many factors could cause actual results to differ materially from those projected
in such forward looking statements, including risks described in our filings with
the Securities and Exchange Commission. Risk factors that may affect liquidity,
future financing and working capital requirements and availability include, but
are not limited to, business disruptions and costs arising from acts of terrorism
or military activities around the globe; unfavorable economic conditions generally
and weakness in consumer confidence; the financial health of Company customers;
the Company's ability to effectively deliver its products to customers in a timely
manner due to potential service interruptions (including, but not limited to, those
related to labor disputes at western U.S. ports); effects of unseasonable weather
(for example, warm weather in the winter and cold weather in the spring which affects
demand for the Company’s products); the Company's reliance on product acceptance
by consumers; dependence on independent manufacturers and suppliers; the Company’s
ability to successfully complete and integrate its new distribution center in Europe
with existing operations; effectiveness of the Company's sales and marketing efforts;
intense competition in the industry (that the Company expects to increase); the
Company’s ability to achieve and manage growth effectively; international risks
including trade disruptions, political instability in foreign markets, exchange
rate fluctuations, changes in quotas and tariffs or other duties; and the Company’s
ability to establish and protect its intellectual property. The Company does not
undertake any obligations to update this forward-looking information to conform
it to changes in circumstances or expectations.
- TRADEMARKS, COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY RIGHTS.
“Sorel,” “Thermoplus,” “Thermalon, “Laurentian,””XRL,” the “walking K,” the polar
bear design and other marks that may appear on this web site are trademarks or registered
trademarks of Sorel Corporation in the United States and other countries. You may
not copy, reproduce, republish, distribute, upload, post, transmit, modify or use
the trademarks in any manner. The names of other companies and products mentioned
herein may also be the trademarks of their respective owners.
The entire content on this web site (including, but not limited to, design, images,
text, audio and video clips, data, graphics, links, computer code, and other content
and material) is copyrighted under the United States and other copyright laws and
is the property of Sorel Corporation. The copyrighted material includes some works
that are licensed to Sorel Corporation. In addition, some of the content on this
web site is protected by trademark, privacy, and publicity laws.
The content on this web site is provided solely for your information, entertainment
and educational use. It shall not be copied, reproduced, republished, uploaded,
posted, transmitted or distributed without our express written permission. You shall
not use in any manner any of the content from this web site on any other web site,
online service or networked computer environment. Subject to any expressly stated
limitations on this web site, however, you may download or print portions of the
content or trademarks on this web site on a single home computing device solely
for your personal, non-commercial use, provided that you keep intact all copyright,
trademark or other proprietary notices. Any other use is prohibited. Sorel Corporation
will at all times retain complete ownership of the content and trademarks on this
site.
- NO UNLAWFUL OR PROHIBITED USE. You shall not use this site for
any purpose that is unlawful or prohibited by this agreement, or in any manner that
could damage, disable, overburden, or impair Sorel Corporation or interfere with
any other party's use and enjoyment of this site. You shall not attempt to gain
unauthorized access to any Sorel Corporation accounts, computer systems or networks
through hacking, password mining or any other means, or interfere with or modify
in any manner the appearance or operation of this site. You shall not obtain or
attempt to obtain any materials or information through any means not intentionally
made available through this site.
- DISCLOSURE OF INFORMATION. We reserve the right at all times to
monitor your use of this site and to disclose any information as we deem necessary
to satisfy any applicable law, regulation, legal process or governmental request
or to protect its rights or a third party’s safety.
- DISCLAIMER OF WARRANTY. THIS WEB SITE AND THE CONTENT ON IT ARE
PROVIDED "AS IS." SOREL CORPORATION AND ITS PARENT, SUBSIDIARIES AND AFFILIATES
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE
UNDER APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. SOREL CORPORATION DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE THIS
SITE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW
MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
- LIMITATION OF LIABILITY. IN NO EVENT WILL SOREL CORPORATION OR
ITS PARENT, SUBSIDIARES, AFFILIATES, EMPLOYEES, DIRECTORS, SHAREHOLDERS, CONTRACTORS
OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY
OR SPECIAL DAMAGES RESULTING FROM YOUR USE OR INABILILTY TO USE THIS SITE, EVEN
IF SOREL CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION
SHALL APPLY TO DAMAGES FROM ANY CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO,
TORT (INCLUDING NEGLIGENCE), CONTRACT, INDEMNITY OR OTHERWISE. IN NO EVENT WILL
SOREL CORPORATION’S LIABILITY TO YOU FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID
BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION
OR EXCLUSION OF LIABILITY ABOVE, SO THESE MAY NOT APPLY TO YOU.
- INDEMNIFICATION. You agree to defend, indemnify and hold Sorel
Corporation and any of its parent, subsidiaries, affiliates, officers, directors,
employees, agents and affiliates harmless from and against any and all claims, actions,
liabilities, costs or damages asserted by any third party arising from or related
to your use of this site or conduct in connection therewith, or otherwise arising
from or related to your use of this site. You further agree to pay our reasonable
attorneys' and expert witness fees and costs arising from any actions or claims
hereunder and those incurred in establishing the applicability of this paragraph.
- SEVERABILITY. Should any part or portion of this agreement be found
or held to be invalid or unenforceable, then the meaning of said provision shall
be construed, to the extent feasible, so as to render the provision enforceable,
and if no feasible interpretation would save such provision, it shall be severed
from the remainder of this agreement, which shall remain in full force and effect
unless our obligations hereunder are materially impaired.
- GOVERNING LAW; VENUE AND JURISDICTION; ATTORNEYS' FEES. The rights
and liabilities of the parties arising out of or relating to this agreement or your
use of this web site will be governed by the laws of the state of Oregon, exclusive
of choice of law rules. Any legal action arising out of or relating to this agreement
or your use of this web site will take place in the state or federal courts in the
state of Oregon and nowhere else. In any such legal action, the substantially prevailing
party will be entitled to recover reasonable attorneys' fees incurred in the preparation
for and prosecution or defense of such action as fixed by the trial court or appellate
court. You agree that any cause of action arising out of or related to this site
must commence within one (1) year after the cause of action arose; otherwise, such
cause of action is permanently barred.
- ENTIRE AGREEMENT. This constitutes the entire agreement between
you and us regarding the access and use of this web site.
- TERMINATION. We reserve the right to terminate or modify this agreement
at any time. All provisions regarding the protection and ownership of our intellectual
property, disclaimer of warranties, limitations of liability, governing law, and
attorneys' fees will survive termination.
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