Welcome to Tegrant Corporation, ThermoSafe Brands website. The following Conditions of Use (the “Conditions”) govern your access to and use of this website. Please review the Conditions carefully.

WHO WE ARE
This website is owned and operated by Tegrant Corporation, ThermoSafe Brands. We welcome questions, comments, or other communications regarding these conditions, or about any other aspect of our website. We can be reached at:

Tegrant Corporation
ThermoSafe Brands
3930 Ventura Drive Suite 450
Arlington Heights, IL 60004
phone: (800) 323-7442
email: info@tegrant.com

PRIVACY
Please review our Privacy Policy which governs all visitors and users of the website. By using this website, you accept and consent to the practices described in the Privacy Policy.

COPYRIGHT
All content included on this website, such as text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, data compilations, user interface, software, is the property of Tegrant Corporation, its affiliates or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of Tegrant Corporation, and protected by United States and international copyright laws. All software used on this website is the property of Tegrant Corporation, , its affiliates or its software suppliers and protected by United States and international copyright laws.

This website and the information contained herein are for information purposes only. Any reproduction, copying, redistribution, sale, or other exploitation for commercial purposes without express written consent of Tegrant Corporation, of any information or materials contained in or design elements of this website, other than as expressly provided below, is strictly prohibited without the prior written consent of Tegrant Corporation, . You may not mirror, modify, or otherwise alter any files in this website for rebroadcast or for printing without prior written permission from Tegrant Corporation, . Requests for permission to reproduce any information contained on this website should be addressed to Tegrant Corporation, at the address provided in the “About us” section.

Notwithstanding the foregoing:

1. you are authorized to make one (1) electronic or paper copy of the information published on this website, provided that the copy is used solely for non-commercial personal purposes; and
2. authorized distributors are authorized to electronically copy documents published on this website for the benefit and use by their customers and potential customers; provided that any such copies remain protected by all copyright, trademarks, service marks, and other proprietary notices and legends contained on the website. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any Tegrant Corporation, copyright, patent, or trademark.

TRADEMARKS
Tegrant, , Tuscarora, ThermoSafe, Nomadic, U-Tek, ShipSafe, Polar Pak, including any graphic form or translation thereof and other marks indicated on our website, are registered trademarks of Tegrant Corporation or its affiliates, in the United States and other countries. The foregoing trademarks and other Tegrant Corporation trade names, graphics, designs, logos, page headers, button icons, scripts, and service names, whether or not appearing in large print or with the trademark symbol, are trademarks or trade dress of Tegrant Corporation or its affiliates, and are protected from reproduction, imitation, dilution or confusing or misleading uses under United States and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited without the express written consent of Tegrant Corporation. Without limiting the foregoing, you agree not to

1. use Tegrant Corporation’s trademarks and trade dress in connection with any product or service that is not Tegrant Corporation’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tegrant Corporation;
2. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Tegrant Corporation or its affiliates; or
3. use any meta tags or any other "hidden text" utilizing Tegrant Corporation's name or trademarks. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Tegrant Corporation so long as the link does not portray Tegrant Corporation, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tegrant Corporation logo or other proprietary graphic or trademark as part of the link without express written permission from Tegrant Corporation.

All other trademarks not owned by Tegrant Corporation or its affiliates that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Tegrant Corporation or its affiliates.

PATENTS
One or more United States and international patents may apply to this website.

OBLIGATIONS AND PROHIBITED USES
Subject to the Conditions, Tegrant Corporation grants you a limited license to access and make use of this website and not to download (other than page caching) or modify it, or any portion of it, except as provided in the Copyright section of these Conditions or with the express written consent of Tegrant Corporation. This license does not include any resale of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

You are required to comply with all applicable law in connection with your use of this website, and such further limitations as may be set forth in any written or on-screen notice from Tegrant Corporation. As a condition of your use of this website, you warrant that you will not use the website for any purpose that is unlawful or that is prohibited by these Conditions. Any unauthorized use terminates the permission or license granted by Tegrant Corporation.
Without limiting the foregoing, you agree not to:

1. use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a user of the website, or for purposes of registering for any promotions offered through the website;
2. delete or revise any material or other information of any other user or Tegrant Corporation;
3. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
4. take any action that imposes an unreasonable or disproportionately large load on the website’s infrastructure;
5. use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on this website;
6. use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the website other than the search engine and search agents available from Tegrant Corporation on the website and other than generally available third party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer);
7. allow any other person or entity to use your username or password for accessing the website; or
8. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website.

You further agree not to violate or attempt to violate the security of the website, including, without limitation:

1. accessing data not intended for you or logging into a server or account that you are not authorized to access;
2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
3. attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mail-bombing” or “crashing”, the website;
4. sending unsolicited e-mail, including promotions and/or advertising of products or services; or
5. forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil or criminal liability. Tegrant Corporation will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Tegrant Corporation also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.

COMMUNICATION AND PROVISION OF INFORMATION
Should you choose to provide information to Tegrant Corporation -- including but not limited to comments, questions, suggestions, ideas or the like relating to this website or Tegrant Corporation products and services – either through this website or by communicating directly with Tegrant Corporation by way of email, mail, telephone, or other means, you agree that such information shall be deemed as non-confidential and Tegrant Corporation shall have no obligation to respond. All such information shall become the sole and exclusive property of Tegrant Corporation and, as such, Tegrant Corporation shall be free to reproduce, use, modify, adapt, publish, translate, create derivative works from, disclose, distribute, perform and display such information anywhere, for any purpose, and in any form, media or technology now known or later developed without limitation. In addition, Tegrant Corporation shall be free to use any ideas, concepts, know-how, or techniques contained in any information you send for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products incorporating such information. Tegrant Corporation shall not be obligated to compensate in any manner the person sending such information.

You warrant and represent that any information you provide to Tegrant Corporation either through this website or by means of direct communication does not violate these Conditions and that use of it will not cause injury to or infringe or violate the rights of any person or entity. Without limiting the foregoing, you warrant and represent that any personally identifiable information you provide about customers, employees, or others is provided in accordance with national laws to which you are subject.

COPYRIGHT COMPLAINTS
Tegrant Corporation and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying Tegrant Corporation and its affiliates that you believe that your copyrighted material has been infringed.

• An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work that you claim has been infringed;
• Identification of the allegedly infringing material, and where it is located on the website;
• Your name, address, telephone number, and, if available, an e-mail address;
• 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;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The foregoing information should be sent to:
WEBMASTER
Tegrant Corporation
ThermoSafe Brands
3930 Ventura Drive Suite 450
Arlington Heights, IL 60004
phone: (800) 323-7442
email: info@tegrant.com

Tegrant Corporation will remove any posted submission which infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

OTHER BUSINESSES
We may provide links to the websites of affiliated companies and certain other businesses. We do not control, are not responsible for examining or evaluating, and do not warrant or endorse the offerings of, any of these businesses or individuals or the content of their websites, including, without limitation, links contained on such websites, or any changes or updates to such websites. Tegrant Corporation provides these links only as a convenience and is not responsible or liable for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

ACCEPTANCE OF TERMS
a. Electronic Signature. These Conditions are an electronic contract that governs your use of the website. When you use this website, you agree to the terms, provisions and notices contained or referenced in these Conditions.
b. Electronic Form. When you use this website, you also consent to have these Conditions provided to you in electronic form.

ACCESS AND RETENTION
In order to access and retain these electronic Conditions, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the Internet, including a computer and modem or other access device. Please print a copy of these Conditions for your records. To retain an electronic copy of these Conditions, you may save it into any word processing program.
We will notify you of any changes in the hardware or software requirements needed to access and/or retain these Conditions that create a material risk that you will not be able to continue to access and/or retain these electronic Conditions.

DISCLAIMER OF WARRANTIES
THE INFORMATION IN THIS WEB SITE, INCLUDING TEXT, IMAGES AND LINKS, IS PROVIDED BY TEGRANT CORPORATION ON AN "AS IS" AND "AS AVAILABLE" BASIS SOLELY AS A CONVENIENCE TO USERS OF THIS WEBSITE. TEGRANT CORPORATION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TEGRANT CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (i) WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE, (iv) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TEGRANT CORPORATION OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, TEGRANT CORPORATION DOES NOT WARRANT (i) THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM TEGRANT CORPORATION ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (ii) THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON; OR (iii) THE INFORMATION PROVIDED THROUGH THE WEBSITE WILL BE FREE FROM INTERRUPTION, DEFECT, OR DELAY IN OPERATION.

TEGRANT CORPORATION ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THIS WEB SITE OR OTHER DOCUMENTS OR SITES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. THIS WEB SITE COULD INCLUDE TECHNICAL, SPECIFICATION, OR OTHER INACCURACIES, AND NOT ALL PRODUCTS OR SERVICES MENTIONED OR SHOWN IN THIS WEB SITE ARE AVAILABLE IN ALL AREAS. SPECIFICATIONS, IF ANY, WITH RESPECT TO COMPETITOR PRODUCTS REPRESENT TEGRANT CORPORATION'S BEST EFFORT TO REPORT INDUSTRY SPECIFICATIONS ACCURATELY. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION, AND TEGRANT CORPORATION RESERVES THE RIGHT TO CHANGE ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN AT ANY TIME. WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

LIMITATION OF LIABILITY

IN NO EVENT WILL TEGRANT CORPORATION OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE, OR ON ANY WEBSITE LINKED TO THIS WEBSITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE OR ANY WEBSITE LINKED TO THIS WEBSITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ALTERATION, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TEGRANT CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, TEGRANT CORPORATION’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION
Upon a request by Tegrant Corporation, you agree to defend, indemnify and hold harmless Tegrant Corporation and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities, claims and expenses, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through this website, your use of the website, your violation of these Conditions or your violation of any rights of another.

RESTRICTIONS
You will not export or re-export, directly or indirectly, any information contained on this website into any country prohibited by the United States Export Administration Act and regulations thereunder. You acknowledge that if you download any information from this website, you are not located in a country into which the export of such information is prohibited by the United States Export Administration Act and regulations thereunder.

APPLICABLE LAW
By utilizing the Tegrant Corporation website, you agree that the laws of the Commonwealth of Pennsylvania, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Tegrant Corporation or its affiliates.

DISPUTES
Any dispute relating in any way to your use of the Tegrant Corporation website or to products you sell through Tegrant Corporation shall be submitted to confidential arbitration in Philadelphia, Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate Tegrant Corporation's intellectual property rights, Tegrant Corporation may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions shall be joined to an arbitration involving any other party subject to these Conditions, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this website. These policies also govern your visit to the Tegrant Corporation website. Unless otherwise specified herein, those policies and these Conditions constitute the entire agreement between you and Tegrant Corporation and govern your use of this website, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Tegrant Corporation. We reserve the right to modify or amend the website, policies, and these Conditions at any time and from time to time without prior notice. You will receive an email notification of any such revisions and will be required to electronically sign a revised version of these Conditions. If any of these Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties and shall not affect the validity and enforceability of any remaining condition.

NO WAIVER
The failure of Tegrant Corporation to enforce any provisions of these Conditions or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of these Conditions or to act with respect to similar breaches.

NO PROFESSIONAL ADVICE
Any information supplied by any employee or agent of Tegrant Corporation, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the website, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state and national laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

MISCELLANEOUS
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tegrant Corporation as a result of these Conditions or your use of this website. Nothing contained in these Conditions is in derogation of Tegrant Corporation’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Tegrant Corporation with respect to such use. A printed version of these Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same requirements as other business documents and records originally generated and maintained in printed form.

TERMINATION
Tegrant Corporation reserves the right, in its sole discretion, to refuse service, terminate accounts, or remove or edit content, with or without notice. Any unauthorized use of this website automatically terminates any permission or license granted by Tegrant Corporation to use this website.

Copyright 2007 Tegrant Corporation. All rights reserved.