TERMS OF USE
These terms and conditions (“Terms Of Use”) govern the use of this website provided by Total Instrument & Electrical Services, Inc. ("TIES") and any related website managed by a third party on behalf of TIES (collectively, the “Site”). As used herein, “you” and “your” refers to any individual, company or legal entity that accesses or otherwise uses the Site. Your access and/or use of this Site and or any services available through the Site (“Services”) signifies that you agree to be bound by these Terms of Use in effect at the time you use the Site and that you consent to the privacy policy as described in Section 8 that is in effect at the time you use the Site (the “Privacy Policy”).

 

1. Forward Looking Statements

This Site contains forward-looking statements about future events and the future operational and financial performance of TIES. Words such as “anticipates,” “expects,” “intends,” “plans,” “targets,” “projects,” “believes,” “seeks,” “schedules,” “estimates,” “budgets,” and similar expressions are intended to identify such forward-looking statements. These statements are based on management’s expectations, estimates and projections; are not guarantees of future performance; and are subject to certain risks, uncertainties and other factors, some of which are beyond our control and are difficult to predict. Actual results may differ significantly from results discussed in the forward-looking statements. For a detailed listing of the potential factors affecting TIES’s business and these forward-looking statements, please refer to TIES’s periodic reports on Forms 10-Q and 10-K that are filed with the United States Securities and Exchange Commission. Unless legally required, TIES undertakes no obligation to update publicly any forward-looking statements, whether as a result of new information, future events or otherwise.

2. Copyright

All content included on the Site, such as text, graphics, logos, button icons, images and software, is the property of TIES or its business partners, licensors, associated vendors or suppliers and other third parties. Without exception, even when not so indicated with a copyright symbol, such content and its arrangement is protected by the copyright laws of the United States and international copyright laws. The content provided on the Site may be displayed, downloaded and printed solely for your personal, internal and non-commercial use. You agree not to otherwise use or modify, reproduce, retransmit, distribute, disseminate, sell, publish, publicly perform, publicly display, digitally perform, digitally display, or create derivative works of, any such content without the prior written permission of TIES or the appropriate third party.

3. Links to Other Web Sites

TIES does not review or monitor any web sites linked to the Site and is not responsible for the content of any such linked web sites. TIES is providing these links solely as a convenience and inclusion of such links is not meant to imply that TIES endorses any third party web site or any content, products or services available on a third party Site. Your linking to such web Sites is at your own risk.

4. Jurisdictional Issues

This Site is controlled by TIES from its offices within the State of Louisiana, U.S.A. TIES makes no representation that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with applicable laws. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited. Software from this Site is further subject to United States export controls. No information or software from this Site may be downloaded or otherwise re-exported (i) into or to a national or resident of any country to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.


5. User Submissions

You are responsible for any material you place on or transmit to or through this Site. You agree, represent, and warranty that any information you post to or transmit through the Site is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. With respect to any posting or other material that you upload, post, e-mail or otherwise transmit to TIES, you hereby grant to TIES a perpetual, irrevocable, applicable for sublicensing (through one or multiple tiers), non-exclusive, assignable, worldwide, royalty-free license to use, modify, distribute (through one or multiple tiers), publicly perform, publicly display, digitally perform, digitally display, reproduce and publish such material on the Site and elsewhere; provided that TIES will adhere to the provisions of Section 8 below with respect to your personally identifiable information. TIES may from time to time monitor or review material transmitted or posted using this Site and reserves the right to delete any material TIES deems inappropriate; provided that TIES is under no obligation to do so and assumes no responsibility or liability arising from any material transmitted or posted using this Site that is not transmitted or posted by TIES.

6. Trademarks

All trademarks, service marks, logos and trade names, whether registered or unregistered, are proprietary to TIES or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, series marks, logos or trade names without the prior written consent of the appropriate owner thereof.

7. Prohibited Activity

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. Likewise, you agree not to reverse engineer the Site or any software on or powering the Site. You are responsible for taking all reasonable precautions necessary to ensure the security and integrity of your system. You agree that you will not use any means to monitor, link with, frame or copy the pages of the Site or the content contained on the Site without TIES’s express written permission. YOU WILL BE RESPONSIBLE FOR, AND INDEMNIFY AND HOLD HARMLESS TIES, ITS AFFILIATES, AGENTS AND REPRESENTATIVES AGAINST, ANY CLAIM OR LOSSES ARISING FROM YOUR USE OF THE Site OR YOUR BREACH OF ANY OF THE PROVISIONS OF THIS AGREEMENT. THIS INDEMNITY IS SPECIFICALLY INTENDED TO OPERATE AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE LOSSES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT, INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF WARRANTY, PRODUCT DEFECT, STRICT LIABILITY, OR ANY OTHER CONDUCT WHATSOEVER OF NATCO OR ANY OF ITS AFFILIATES, AGENTS OR REPRESENTATIVES.

8. Privacy Policy

This Section 8 pertains to personally identifiable information collected through this website and on TIES’s behalf through related websites managed by third parties. It does not pertain to information collected in other manners or offline.


Data Collection: Some areas of the Site request your personally identifiable information. We may collect information such as your name, mailing address, e-mail address and profile data. We may use and/or disclose your personally identifiable information for any or all of the following reasons:

• to contact you in response to your inquiries, comments and suggestions;
• to contact you otherwise when necessary;
• for the specific purpose for which it was volunteered;
• to track our visitors’ use of the Site for internal market research;
• to improve the Site and the services TIES promotes or provides through the Site;
• to customize the content and/or layout of our Site for each individual visitor;
• to ask for your participation in brief surveys;
• to complete any purchases or other transactions you may perform on the Site;
• to notify visitors about updates to the Sites or services;
• to notify you about promotions, special offers, etc. regarding products and services provided by TIES or its affiliates or partners;
• to be provided to TIES affiliates or third parties in connection with the legitimate business purposes of TIES or the Site;
• to be provided to third parties for the legitimate business purposes of those third parties;
• to generate aggregate statistical studies;
• as required by law or regulation, or as requested by government authorities, or for the protection of persons or property; and
• for other business purposes.

Children: Our Site is for adults and usage by children under 13 years of age is not intended. We do not seek to collect personally identifiable information about children under 13 years of age through the Site. If a child under 13 years of age submits information to us through any part of the Site, and we learn that the user submitting the information is a child under 13 years of age, we delete the information as soon as we discover it and do not use or disclose it for any purpose whatsoever. By using the Site, you represent that you are not under 13 years of age.

Collection of Electronic Information: We collect an IP address from all visitors to the Site. An IP address is a number that is automatically assigned to your computer when you use the Internet. We use IP addresses to help diagnose problems with our server, administer the Site, analyze trends, track users’ movement, gather broad demographic information for aggregate use in order for us to improve the Site, and deliver customized, personalized content. We may also record the URLs of the web Sites and pages you visit (before, during and after your visit to the Site), the times and dates of such visits and other information that may be electronically available. None of the foregoing electronic information is linked to your personally identifiable information.


Use of Cookies: Our Site may use cookies to enhance your experience while using the Site. Cookies are pieces of information that some web Sites transfer to the computer that is browsing that web Site and are used for record-keeping purposes at many web Sites. Use of cookies makes web-surfing easier by performing certain functions such as saving your passwords, your personal preferences regarding your use of the particular web Site and to make sure you don’t see the same ad repeatedly. Many consider the use of cookies to be an industry standard. Your browser is probably set to accept cookies. However, if you would prefer not to receive cookies, you can alter the configuration of your browser to refuse cookies. If you choose to have your browser refuse cookies, it is possible that some areas of the Site will not function properly when you view them.


Security: This Site has reasonable security measures in place to protect against the loss, misuse and alteration of the information under our control. However, due to the design of the Internet, it is not possible to guarantee that information will be free from unauthorized access by third parties.


Change of Control: Your personally identifiable information may be transferred in connection with a Change in Control of TIES or its affiliates. “Change in Control” shall mean the (a) consolidation or merger of TIES or its affiliates with or into any entity, (b) sale, transfer or other disposition of all or substantially all of the assets of TIES or its affiliates in one transaction or a series of related transactions or© acquisition by any entity, or group of entities acting in concert, of beneficial ownership (as defined in Rule 13d 3 of the Securities Act of 1934) or voting control of greater than 50% (or such lesser percentage that constitutes control) of the outstanding voting securities or other ownership interests of TIES or its affiliates.


California Privacy Rights: For purposes of California residents, this Privacy Policy pertains to all information collected online, including through the Site. Beginning on January 1, 2005, California law permits customers of TIES who are California residents to request certain information regarding TIES’s disclosure of personal information to third parties for their its direct marketing purposes. To make such a request, please contact us through the information provided in Section 16.

9. No Warranty

TIES PROVIDES THE SITE, ITS CONTENT AND THE SERVICES ON AN “AS-IS / AS-AVAILABLE” BASIS. TIES MAKES NO WARRANTIES OR REPRESENTATIONS THAT THIS SITE, ITS CONTENT OR THE SERVICES WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, TIES AND ITS AGENTS AND LICENSORS SPECIFICALLY DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, ITS CONTENT AND THE SERVICES. TIES DOES NOT GUARANTEE THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION ON THIS SITE OR THE RESULTS OF YOUR USE OF THIS SITE.

10. Limitation on Liability

IN NO EVENT SHALL TIES, OR ANY OF ITS AFFILIATES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS SITE OR THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF TIES OR ANY OF ITS AFFILIATES, AGENTS OR REPRESENTATIVES KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL ONLY APPLY TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW.

11. Stock Quotes

Where stock market quotes are provided on this Site, such data is provided for information purposes only and is not intended for trading purposes. TIES and its affiliates or data or content providers are not liable for any errors or delays in the content, or for any actions taken in reliance thereon.

12. Integration and Severability


These Terms of Use constitute the entire agreement between you and TIES with respect to the subject matter hereof and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and TIES relating to the subject matter hereof. If any of the provisions of these Terms of Use are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect.

13. Applicable Law; Disputes

The laws applicable to the interpretation of this Agreement shall be the laws of the State of Louisiana, U.S.A., without regard to any conflicts of law provisions. You agree to the submission of any dispute arising out of or relating to your use of the Site or these Terms of Use to the state and federal courts having within their jurisdiction Houma, Louisiana, U.S.A.
14. Termination

Your access to and use of the Site may be terminated at any time and for any reason or for no reason by TIES, without notice. You shall have no recourse and TIES shall have no liability with respect to any such termination. Upon termination, you must destroy all materials obtained from this Site and all copies thereof, whether made under these Terms of Use or otherwise. All provisions of these Terms of Use relating to site security, prohibited activity, warranties, confidentiality obligations, proprietary rights, user submissions, disclaimers, limitations of liability, indemnity, governing law and jurisdiction shall survive any such termination.

15. Changes to Terms of Use

TIES may modify these Terms of Use at any time. The amended terms will be effective upon posting on the Site. You are responsible for regularly reviewing these Terms of Use. TIES may, but is under no obligation to, provide you notice of such modifications to these Terms of Use via email or other communication.

16. How to contact us

If you have any questions or comments regarding the Site and its content or to obtain access to your personal information and ask for corrections, if necessary, please contact us at:

 

E-mail: info@totalieservices.com