Terms & Conditions
The Total Specialties USA Web Site is comprised of various Web pages operated by Total Specialties USA.
The Total Specialties USA Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Total Specialties USA Web Site constitutes your agreement to all such terms, conditions, and notices.
Total Specialties USA reserves the right to change the terms, conditions, and notices under which the Total Specialties USA Web Site is offered, including but not limited to the charges associated with the use of the Total Specialties USA Web Site.
LINKS TO THIRD PARTY SITES
The Total Specialties USA Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Total Specialties USA and Total Specialties USA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Total Specialties USA is not responsible for webcasting or any other form of transmission received from any Linked Site. Total Specialties USA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Total Specialties USA of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Total Specialties USA Web Site, you warrant to Total Specialties USA that you will not use the Total Specialties USA Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Total Specialties USA Web Site in any manner which could damage, disable, overburden, or impair the Total Specialties USA Web Site or interfere with any other party’s use and enjoyment of the Total Specialties USA Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Total Specialties USA Web Sites.
USE OF COMMUNICATION SERVICES
The Total Specialties USA Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations. Total Specialties USA has no obligation to monitor the Communication Services. However, Total Specialties USA reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Total Specialties USA reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. Total Specialties USA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Total Specialties USA’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Total Specialties USA does not control or endorse the content, messages or information found in any Communication Service and, therefore, Total Specialties USA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Total Specialties USA spokespersons, and their views do not necessarily reflect those of Total Specialties USA. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO TOTAL SPECIALITIES USA OR POSTED AT ANY TOTAL SPECIALITIES USA WEB SITE
Total Specialties USA does not claim ownership of the materials you provide to Total Specialties USA (including feedback and suggestions) or post, upload, input or submit to any Total Specialties USA Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Total Specialties USA, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Total Specialties USA is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Total Specialties USA’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Total Specialties USA reserves the right, in its sole discretion, to terminate your access to the Total Specialties USA Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Total Specialties USA Web Site. Use of the Total Specialties USA Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Total Specialties USA as a result of this agreement or use of the Total Specialties USA Web Site. Total Specialties USA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Total Specialties USA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Total Specialties USA Web Site or information provided to or gathered by Total Specialties USA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Total Specialties USA with respect to the Total Specialties USA Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Total Specialties USA with respect to the Total Specialties USA Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Total Specialties USA Web Site are: and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Total Specialties USA is committed to protecting your privacy and developing technology that gives you the most powerful and safe online experience. This Statement of Privacy applies to all Total Specialties USA websites and governs data collection and usage. By using this Total Specialties USA website, you consent to the data practices described in this statement.
COLLECTION OF YOUR PERSONAL INFORMATION
If applicable, Total Specialties USA collects personally identifiable information, such as your e-mail address, name, home or work address or telephone number. Total Specialties USA also collects anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites.
There is also information about your computer hardware and software that is automatically collected by Total Specialties USA that may include: your IP address, browser type, domain names, access times and referring Web site addresses. This information is used by Total Specialties USA for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Total Specialties USA website.
Total Specialties USA encourages you to review the privacy statements of websites you choose to link to from Total Specialties USA so that you can understand how those websites collect, use and share your information. Total Specialties USA is not responsible for the privacy statements or other content on websites outside of the Total Specialties USA family of websites.
USE OF YOUR PERSONAL INFORMATION
Total Specialties USA collects and uses your personal information to operate Total Specialties USA websites and deliver the services you have requested. Total Specialties USA does not sell, rent or lease its customer lists to third parties. Total Specialties USA may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, Total Specialties USA may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Total Specialties USA, and they are required to maintain the confidentiality of your information.
Total Specialties USA does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent.
Total Specialties USA keeps track of the pages our customers visit within our websites to determine what services are the most popular. This data is used to deliver customized content and advertising within Total Specialties USA to customers whose behavior indicates that they are interested in a particular subject area.
Total Specialties USA will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on any Total Specialties USA site; (b) protect and defend the rights or property of Total Specialties USA; and, (c) act under exigent circumstances to protect the personal safety of users of Total Specialties USA, or the public.
Total Specialties USA websites use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a Web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Total Specialties USA pages, or register with Total Specialties USA sites or services, a cookie helps Total Specialties USA to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Total Specialties USA website, the information you previously provided can be retrieved, so you can easily use the Total Specialties USA features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Total Specialties USA sites you visit.
SECURITY OF YOUR PERSONAL INFORMATION
Total Specialties USA secures your personal information from unauthorized access, use or disclosure. Total Specialties USA secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
CHANGES TO THIS STATEMENT
Total Specialties USA will occasionally update this Statement of Privacy to reflect company and customer feedback. Total Specialties USA encourages you to periodically review this Statement to be informed of how Total Specialties USA is protecting your information.
Total Specialties USA welcomes your comments regarding this Statement of Privacy. If you believe that Total Specialties USA has not adhered to this Statement, please contact us. We will use commercially reasonable efforts to promptly determine and remedy the problem.
All the information on this Web server (documents contained on the site and all elements created for the site) are the property of Total or its subsidiaries and affiliates and are governed by copyright laws at the time they are made available to the public on this Web server. Copies of documents contained on this site can only be made for information purposes, and solely for strictly private use. No licence and no right other than the right of site viewing is granted to any person in respect of intellectual property rights. Reproduction of site documents is authorized solely for informative purposes and for personal, private use: any reproduction and any use of copies made for other purposes is expressly forbidden.
All corporate names, logos, and Registered® and Trademark TM products mentioned in this site belong to Total. They may not be used without the prior written agreement of Total.