Those who access the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. Temperature Supply, Inc. makes no representation that the Content in the Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal is prohibited. You acknowledge that Temperature Supply, Inc. reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

RESTRICTIONS ON USE OF CONTENT
Copyright 2001 - 2002 Temperature Supply, Inc. All Rights Reserved.

You acknowledge, having been advised by Temperature Supply, Inc., that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws. In addition to Temperature Supply, Inc.'s Rights in individual elements of the Content, Temperature Supply, Inc. or its licensors own a copyright in the selection, coordination and arrangement of the Content.
You are hereby granted permission to access the Content from the Site in whole or in part, (and, except where otherwise specified or provided by Temperature Supply, Inc., print a single copy of the information) but only for purposes of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the Web Site Terms of Use. Temperature Supply, Inc. is not granting you any permission to use the Content other than the permission expressly stated in these Web Site Terms of Use. All other use of Content from the Site, including, but not limited to modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, may not be made without Temperature Supply, Inc.'s prior express written consent.

SUBMISSIONS OF INFORMATION

Although Temperature Supply, Inc. provides certain encryption in an effort to protect the electronic transmission of credit card numbers that you submit to Temperature Supply, Inc. through the Site, Temperature Supply, Inc. does not guarantee the security of any information transmitted to or from the Site. You agree to assume the security risk for any information you provide using the Site.
Other than the financial information, do not send any confidential or proprietary information to Temperature Supply, Inc. through the Site. Except for the financial information, any information you do send to Temperature Supply, Inc. through the Site will be deemed NOT to be confidential. For any non-confidential information you do send, you hereby grant Temperature Supply, Inc. an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the non-confidential information, and agree that Temperature Supply, Inc. is free to use any ideas, concepts, know-how or techniques that you send Temperature Supply, Inc. for any purpose.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

PRIVACY POLICY

The use of the site is subject to Temperature Supply, Inc.'s Privacy Policy. Please read such Privacy Policy.


REVISIONS

Temperature Supply, Inc. may revise or withdraw the Content, in whole or in part, at any time without notice. Temperature Supply, Inc. may at any time revise these Web Site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Web Site Terms of Use to which you are bound.

LINKS TO THIRD PARTY WEB SITES

Temperature Supply, Inc. makes no representations whatsoever about any other web site which you may access through the Site. When you access a non-Temperature Supply, Inc. web site, please understand that it is independent from Temperature Supply, Inc., and that Temperature Supply, Inc. has no control over the content on that web site. In addition, a link to a non-Temperature Supply, Inc. web site does not mean that Temperature Supply, Inc. endorses or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. Temperature Supply, Inc. makes no representation or warranty as to any third party products.

DISCLAIMER OF WARRANTY

TEMPERATURE SUPPLY, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, TEMPERATURE SUPPLY, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

LIMITATION OF LIABILITY

TEMPERATURE SUPPLY, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TRADEMARKS AND SERVICE MARKS

All trademarks, such as product and service names, found on Temperature Supply, Inc. web sites are owned by their respective owners.

PURCHASE TERMS AND CONDITIONS

If you choose to purchase equipment and/or parts via the website, the terms of purchase are either: (1) included in a written contract between you and Temperature Supply, Inc. or (2) governed by Temperature Supply, Inc.'s standard purchase terms which are set forth in the On-Line Terms and Conditions. If you have entered into an Underlying Agreement with Temperature Supply, Inc., that Underlying Agreement is the complete agreement between you and Temperature Supply, Inc. with respect to the Products you purchase. If you have not entered into an Underlying Agreement with Temperature Supply, Inc., the On-Line Terms and Conditions are the complete agreement between you and Temperature Supply, Inc. with respect to the Products you purchase which will constitute a contract between you and Temperature Supply, Inc. No other terms and conditions shall apply and Temperature Supply, Inc. shall not be bound by any other terms and conditions whatsoever, including those which may be included in your customary purchase order or which may have governed previous purchase and/or transactions between you and Temperature Supply, Inc. In either event, these Web Site Terms of Use supplement the Underlying Agreement or the On-Line Terms and Conditions and constitute the complete agreement between you and Temperature Supply, Inc. concerning the conduct of electronic transactions, replacing any prior or written communications between the parties with respect to electronic transactions. There are no conditions, understandings, agreements, representations or warranties, expressed or implied regarding the conduct of electronic transactions between the parties, which are not specified herein. If you do not agree to these terms, do not use the Site.

All communication and equipment costs to access the website are your responsibility. Your passwords are the key to logging onto the website, access to information, generation of quotes, ordering products and services, allowing others to access on your behalf and every other use on your behalf. You are responsible for how the website is used via your password(s), and you must ensure that your password(s) and information, quotes, orders and anything derived from your password(s) are used correctly and are authorized by you. You acknowledge and agree that anyone to whom a password(s) is given, or whomever you allow access to the site are authorized to send and receive information over the Temperature Supply, Inc. Online Website on your behalf and to conduct electronic transactions over the Temperature Supply, Inc. Online Website on your behalf, including the submission of electronic orders for the purchase of products, systems and/or services as contemplated by these Web Site Terms of Use and all terms and conditions described, referenced, or linked herein.

ON-LINE TERMS AND CONDITIONS

If you have not entered into an Underlying Agreement with Temperature Supply, Inc., these On-Line Terms and Conditions are the complete agreement between you and Temperature Supply, Inc. with respect to the Products you purchase. Temperature Supply, Inc. reserves the right to modify, change or revise these On-Line Terms and Conditions, in whole or in part, at any time and without any notice, by revising this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current On-Line Terms and Conditions to which you are bound.

Order and Acceptance: You agree that your order is an offer to purchase Product(s) at the prices shown on the Site and in accordance with the terms and conditions stated below, which shall become a binding contract when accepted by Temperature Supply, Inc.. You agree that these terms and conditions may not be altered, supplemented, or amended by the use of any other document(s) and any such attempt will be null and void. Temperature Supply, Inc. shall indicate its acceptance of your order by shipping the selected Product(s) to you. The banking, negotiation or other use of any payment shall not constitute an acceptance by Temperature Supply, Inc.
Title and Risk of Loss: Title to the Products and risk of loss passes from Temperature Supply, Inc. to you upon shipment from Temperature Supply, Inc.'s facility.
 
Shipping Costs: Separate charges for shipping and handling will be added to the price of the Products ordered unless you have made other prior arrangements with Temperature Supply, Inc. Shipping and delivery dates are best estimates only.

Payment: You shall make payment of the purchase price, and applicable shipping costs, within thirty (30) days of the invoice date as the Products are shipped. If Products are shipped in partial shipments, separate invoices will be sent and corresponding partial payments are required. Temperature Supply, Inc. shall retain, and you hereby grant Temperature Supply, Inc., a security interest and right of possession in the Products until you make full payment. Service charges at the maximum rate permitted by applicable law may be invoiced on accounts more than thirty (30) days past due and shall be due and payable upon receipt of invoice.
Taxes: The purchase prices do not include any amount for federal, state, or local excise, sales, lease, service, rental, use, property, occupation, or other taxes, all of which (other than federal, state, and local taxes based on Temperature Supply, Inc.'s income or net worth) will be paid by you except as exempt by law.

Equipment Warranty: Temperature Supply, Inc. Products are warranted to be free from defects in material and workmanship for one year from date of shipment. Temperature Supply, Inc., at its option, will at no charge either repair the Product (with new or reconditioned parts), replace it with the same of similar product (using new or reconditioned product) or refund the purchase price. Parts will be replaced free of charge for the full warranty period. Labor to repair or replace defective parts will be provided for one hundred twenty (120) days from the date of shipment; thereafter you must pay for labor at Temperature Supply, Inc.'s then-current rates. Repair, replacement, or refund is your sole remedy for breach of this warranty. This warranty is extended to the original buyer only and extends only to individual Products; batteries and non-Temperature Supply, Inc. manufactured products are excluded. This warranty does not cover defects or damages resulting from: (I) use of the product other than its normal and customary manner; (ii) physical or electronic abuse or misuse, accident, or neglect; or (iii) unauthorized alterations or repairs made to the product.

THE EXPRESS WARRANTIES SET FORTH ABOVE ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED AND TEMPERATURE SUPPLY, INC. DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUPOSE.

Limitation of Liability: TEMPERATURE SUPPLY, INC.'S TOTAL LIABILITY ARISING FROM THE SALE, USE, INSTALLATION, TESTING AND OPERATION OF PURCHASED PRODUCTS, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE, WILL BE LIMITED TO THE PRICE OF PRODUCTS FOR WHICH LOSSES OR DAMAGES ARE CLAIMED. IN NO EVENT WILL TEMPERATURE SUPPLY, INC. BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF TEMPERATURE SUPPLY, INC. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Force Majeure: In addition to other limitations on liability set forth herein, Temperature Supply, Inc. shall not be liable for any delay or failure to perform due to any cause beyond its control. Causes include, but are not limited to, strikes, acts of God, your acts, interruptions of transportation or inability to obtain necessary labor, materials or facilities. In the event Temperature Supply, Inc. is unable to wholly or partially perform because of any cause beyond its control, Temperature Supply, Inc. may terminate the Agreement without any liability to you.

Representations and Commitments: Temperature Supply, Inc. is not making, and you are not relying upon any representations or commitments except for those expressly set forth in these On-Line Terms and Conditions, including but not limited to representations or commitments related to price guarantees, the origin or content of purchased Products; prevailing wage requirements; equal employment opportunity, non-discrimination, drug-free workplaces or workforces, and other personnel matters; the conduct of business in any particular nation or jurisdiction; compliance with environmental laws and regulations; insurance coverage of any nature; compliance with the Federal Acquisition Regulations; compliance with specific state or local laws, regulations or ordinances; use of small, minority, women, disabled, veteran, and disabled veteran-owned businesses; or indemnification of the buyer for any reason. Assignments: Temperature Supply, Inc. may assign any of its rights or subcontract any of its obligations under these On-Line Terms and Conditions, without prior notice to you and without your consent.

Limited Applicability: These On-Line Terms and Conditions apply only to the purchase of. Products and do not involve or apply to the performance by Temperature Supply, Inc. of any services such as installation, maintenance, customer product design, product engineering or project management.
No Right to Audit or Inspect: Temperature Supply, Inc.'s books and records and facilities will not be subject to audit or inspection at any time or for any reason whatsoever.

Causes of Action: Any action relating to these On-Line Terms and Conditions must be brought within one year of the accrual of the cause of action. Waiver: One waiver of a right or remedy of either party does not constitute a permanent waiver or a waiver of any other right or remedy of that party.

Severability: If any provision of these On-Line Terms and Conditions is held to be invalid or unenforceable, that provision will be severed and the remainder of these On-Line Terms and Conditions will remain in full force and effect as if the invalid or unenforceable provision were not part of these terms.
Headings: Paragraph headings will not be construed as a limitation of the scope of any particular paragraph or section of these terms.
Governing Law: These On-Line Terms and Conditions will be governed by and interpreted in accordance with the laws of the State of Florida.
Entire Agreement: These On-Line Terms and Conditions constitute the entire agreement of the parties regarding purchase of Products and supersedes all previous agreements and understandings, whether written or oral, relating to purchase of the Products.