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Online Terms of Use

Copyright Notice
Copyright © 2005, Thor, Inc. All rights reserved.

Welcome to the Thor, Inc. web site on the World Wide Web at www.thorgroup.com (referred to as the "Site"). Please review the following basic rules (the "Terms") carefully because they govern your use of the Site.

YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY CONTENT (DEFINED BELOW) CONTAINED ON THE SITE.

Changes to these Terms
These Terms may be revised at any time. Thor, Inc. will display a notice when these Terms have been revised. Your continued use of the Site after the notice appears constitutes your acceptance of the revised Terms.

License & Ownership Restrictions
All text, graphics, audio clips, animations, logos, icons, links, images, documents, products, services and information on this Site (the "Content") are provided to you by Thor, Inc., and its licensors. Thor, Inc., and its licensors retain all right, title, interest, and intellectual property rights (e.g. patents, trademarks, trade secrets, copyrights) in such Content. As a general rule, you are granted the limited right to (i) display the Content on your personal computer (ii) copy and download the Content and (iii) print a copy of the Content, provided that: (1) you do not remove any proprietary rights notices from any of the Content; and (2) any copying or downloading is solely for your own use. You may not modify, edit, alter or enhance any of the Content in any manner or sublicense or distribute any Content to any third party unless specifically authorized by Thor, Inc. and and/or the applicable licensor. Additionally, you may not "frame" or "mirror" any Content contained on or accessible from this Site on any server or other device without the advance written authorization of Thor, Inc., and/or its licensors.

Your Obligation
In the future you may be prompted to input information on the Site in order to receive certain products or services offered by Thor, Inc. and/or its licensors. If you provide any information to Thor, Inc. through the site, you agree to provide current, complete and accurate information about yourself.

Changes to the Content & Termination of Access
Thor, Inc., and its licensors may make improvements and/or changes to the Content described on the Site at any time without notice to you. Additionally, Thor, Inc., and its licensors reserve the right to restrict, suspend, terminate your access to, change or discontinue all or any part of the Site, including its availability, at any time for any reason (including, but not limited to, if we determine that information provided by you is inaccurate), without liability or prior notice to you.

Interaction with Third Parties
The Site may contain links to (and allow you to correspond with, purchase from, and/or participate in promotions of) third party advertisers and/or licensors. Unless otherwise stated, any such interaction shall be solely between you and that third party.
The third party's site may have terms of use, a privacy policy and/or other terms and conditions that differ from those of Thor, Inc. Thor, Inc. is not responsible for the content of such sites or for implementing, monitoring or enforcing the terms of use, privacy policies and/or other terms and conditions of such sites. You acknowledge and agree that Thor, Inc. shall not incur any liability arising out of your use of any such sites.

Indemnification
By using the Site you agree to indemnify and hold harmless Thor, Inc., and its licensors from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) incurred by Thor, Inc. in relation to any third party's claim that use of the Site by you or under your login and/or password, if any, violates (a) any copyright, patent, trademark, trade secret or other intellectual property right, (b) the laws of privacy or publicity, (c) communications statutes or regulations, or (d) any other applicable law or regulation.

Warranty
UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND CONTENT ARE PROVIDED TO YOU "AS-IS." NEITHER THOR, INC., NOR ITS LICENSORS WARRANTS THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION OR ERROR FREE OR THAT THE CONTENT WILL BE ACCURATE AND COMPLETE. THOR, INC. , AND ITS LICENSORS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SITE AND CONTENT. YOU ASSUME ALL RISK WITH RESPECT TO THE SITE AND CONTENT.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THOR, INC., NOR ITS LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, COPYING, USING OR DOWNLOADING ANY CONTENT. IN NO EVENT SHALL THOR, INC. OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (E.G., FOR LOSS OF DATA, REVENUE, PROFITS OR USE OR FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF THOR, INC. OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.

General
If Thor, Inc. becomes aware of inappropriate use of the Site or any Content, Thor, Inc. may suspend or terminate your access to the Site, and/or any Content, and take other appropriate action including, but not limited to, contacting law enforcement authorities. When requested, Thor, Inc. will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet. Any action related to these Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in Los Angeles County, in the State of California, for the resolution of all disputes arising from or related to these Terms and/or your use of the Site.

If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Thor, Inc. to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Thor, Inc. in writing. The headings used throughout these Terms are provided only for convenience. The Terms comprise the entire agreement between you and Thor, Inc. regarding the subject matter contained herein and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.