Flood Testing Laboratories, Inc. Website Terms of Use Agreement   Welcome to the Internet website of Flood Testing Laboratories, Inc. (“FTL”). FTL values your interest in its services and appreciates your visit to this website. As used hereinafter, the term “website” includes the FTL Secure Area. USER ACCESS FTL makes this website available subject to the following terms and conditions and all applicable laws. By accessing, browsing or otherwise using (collectively, “using”) this website, you acknowledge that you, the individual user of this website, have read, understood and agree to be legally bound by these terms and conditions, and to comply with all applicable laws and regulations, without limitation or qualification. By using this website, you further acknowledge that you have the authority and do hereby legally bind the business entity, if any, to which you serve as an agent, independent contractor or employee thereof to the same terms and conditions, without limitation or qualification. As used hereinafter, the terms “you” and “your” shall include and/or reference the individual user of this website and, when applicable, the business entity to which the individual user of this website serves as an agent, independent contractor or employee thereof. These terms and conditions shall take effect immediately on your first use of the website. If you do not agree to the terms and conditions, you are not authorized to access, browse or otherwise use this website. FTL, at its sole discretion, reserves the right to alter or change these terms and conditions at any time. Any modifications will become effective when posted on this website. By using this website after any changes in these terms and conditions, you agree to be legally bound by the terms and conditions as amended. Therefore, you should frequently revisit this page to determine the present terms to which you are legally bound. FTL may terminate your right to use this website without cause at any time and effective immediately. In addition, FTL, may terminate your right to use this website immediately and without notice for violation of any part of these terms and conditions. In the event of any such termination, the restrictions on your use of the material on this website shall survive such termination, and you agree to be bound by those terms. INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF INFORMATION AND CONTENT All information and content provided on this website, whether explicitly marked or not, are the property of FTL, its subsidiaries, affiliated companies or joint partners, or others, and are subject to U.S. and international copyright and unfair competition laws. The information and content provided includes, but is not limited to, the text, graphics, image, video, audio, animation, software, their related files and their arrangement on the website. All trademarks, servicemarks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “marks”), whether explicitly marked or not, used on this website are owned by FTL, its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws. You may not copy, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, or otherwise use any information, content or marks provided on this website in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of FTL. You may, however, copy, print or otherwise use the information, content or marks provided on this website provided that the use is for your personal, educational or internal business use only and further provided that you: (1) maintain all copyright and other intellectual property notices together and intact with any information or content; (2) do not modify or otherwise alter any information or content; and (3) do not expressly or implicitly suggest an association with any services, product, brands or affiliates through the use of any information or content. Other use of any information, content or marks, except as specifically permitted in these terms and conditions or in a written instrument signed by FTL is strictly prohibited. Nothing contained in this website shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of FTL or any third party. You are not permitted to create a hyperlink to any page or portion of this website or frame any page or portion of this website without the prior written permission of FTL. Any use of the information, content or marks provided on this website that does not comport with the above terms and conditions shall be an unauthorized use and subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws. DISCLAIMERS YOU USE THIS WEBSITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, TITLE OR NON-INFRINGEMENT. IN NO EVENT WILL FTL, ITS SUBSIDIARIES, AFFILIATED COMPANIES OR JOINT PARTNERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE, OR ANY OTHER HYPERLINKED WEBSITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR HANDLING SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THIS WEBSITE OR THE INFORMATION, CONTENT DOCUMENTS OR SOFTWARE THEREOF, EVEN IF FTL, ITS SUBSIDIARIES, AFFILIATED COMPANIES OR JOINT PARTNERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. Without limiting the above disclaimers, FTL, its subsidiaries, affiliated companies and joint partners: (1) make no warranties or representations whatsoever concerning this website or any other Internet website, the access to, or the availability or use of, this website or any other Internet website, the information and content from whatever source posted on or referred to in this website or any other Internet website or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this website or any other Internet website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this website or any other Internet website is, or the information or content from whatever source available for use or downloading are free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this website will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this website. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. This website may use hyperlinks as a convenience to you so that reference material, company-related subjects and other pertinent material is easily accessible. Linked and referenced websites may not be operated, controlled or maintained by FTL. Hyperlinks and references to other websites, including any FTL-affiliated entity, do not constitute sponsorship, endorsement or approval by FTL of the information, content, policies or practices of such linked or referenced websites. FTL, its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such websites. You access, browse and use such websites at your own risk. FTL has no obligation to update any information or content on this website. Accordingly, FTL, its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on the website. Any use of the information or content provided on this website is done so at the your own risk. PRIVACY POLICY These terms and conditions include the terms and conditions of FTL’s Privacy Policy. Accordingly, by using this website, you affirmatively acknowledge that you have read, understood and agree to be legally bound by the terms and conditions of FTL’s Privacy Policy. All defined terms used in these terms and conditions equally apply to FTL’s Privacy Policy. MISCELLANEOUS You warrant to FTL that you will not attempt to gain unauthorized access to any services offered by FTL or computer systems or networks connected to any FTL server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by FTL. When using the website you agree not to pretend to be someone else or spoof their identity. This website is for information purposes only, does not constitute an offer to sell or a solicitation of an offer to buy any services or goods which may be referenced herein and does not create a client, advisory, business, fiduciary or professional relationship between you and FTL. You agree to defend, indemnify, save and hold harmless FTL, its subsidiaries, affiliated companies, joint partners, licensees and their respective directors, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this website including any violation or alleged violation of the terms and conditions of this Terms of Use Agreement. FTL controls its website (excluding linked sites) from its headquarters in Chicago, Illinois, United States of America and makes no representation that any content contained in this website is appropriate or available for use in other locations. Accessing this website in locations where the use of such content is illegal is prohibited. By accessing this website you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this website and that if you use this website from any other location you are responsible for compliance with applicable local laws. Any claim relating to this website shall be litigated in the State of Illinois, in the county of Cook, and you hereby consent to the jurisdiction and venue of those courts. If any part of these terms and conditions is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website or these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect. By using this website, you further agree that you will not use this website or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these terms and conditions. When applicable, you further agree, as a condition of using this site, to ensure that all of your agents, employees and independent contractors adhere to these terms and conditions. © 2005 - 2010 Flood Testing Laboratories, Inc. All rights reserved.