The following sets out the conditions of use of the Tri-Arrows Aluminum website.
Unless specified otherwise, references in this site to “TAA” and “Tri-Arrows Aluminum” shall mean Tri-Arrows Aluminum, Inc. and its subsidiaries and affiliates.
Limitation of Liability; Disclaimer
The information contained in the Website is not comprehensive. Despite our efforts, it may not be accurate, up to date or applicable to the circumstances of any particular case. We cannot accept any liability for any inaccuracies or omissions in the Website and any decisions you make based on information contained in the Website are your sole responsibility. Neither Tri-Arrows Aluminum or nor any of its subsidiaries accept liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to, or the use of the Website or any information contained in it. We are of course happy to discuss with you the implications of any issue raised if you contact us at email@example.com. You agree to indemnify, defend, and hold harmless TAA and its affiliates, directors, officers, employees, owners, shareholders, members, managers, contractors, and agents for from and against any liability, loss, or damage resulting from claims, demands, costs, or judgments that arise out of, relate to, or are connected with your use of the Website.
The Website may include content provided by third parties. All such content, and all statements, information, and/or opinions expressed in such content, and all reviews and responses to questions and other content, other than the content provided directly by TAA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TAA. The material in the Website could include technical inaccuracies or other errors. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. YOUR USE AND BROWSING OF THE WEBSITE IS AT YOUR RISK. NEITHER TAA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE. TAA DOES NOT WARRANT, EXPRESSLY OR IMPLIEDLY, AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONAL ASPECTS OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT WILL TAA OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, VENDORS, OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS. TAA DOES NOT WARRANT, EXPRESSLY OR IMPLIEDLY, AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE WEBSITE IS SUITABLE FOR COMMERCIAL USE OR ANY USE OR ARE FREE FROM INFRINGEMENT OR MISAPPROPRIATION OF ANY THIRD PARTY’S PATENTS, COPYRIGHT, TRADEMARKS, TRADE SECRETS, OR OTHER INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. TAA EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER IMPLIED WARRANTY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
Access to Website; Use of Information
We reserve the right to withdraw or amend the Website, and any service, information, or material we provide on the Website, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Website, or the entire website, to users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your internet connection are aware of these terms and comply with them. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
TAA may, directly or indirectly through the services of others, collect and store information provided by you to us, and information regarding use of the Website by you, by means of security measures included in the Website and other means. You agree that TAA may use such information for any purpose, including, but not limited to: (i) improving the performance of the Website or developing updates; (ii) verifying compliance with the terms of this agreement and enforcing TAA’s and our vendors’ rights, including all intellectual property rights in and to the Website; or (iii) for TAA’s own purposes, including commercial purposes. You agree that all information you provide to us through the Website, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.
Permitted Uses; Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these terms. You may use the Website for your personal, non-commercial use only.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; and (iii) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not: (x) modify copies of any materials from this site; or (y) delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Website. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by TAA. Any use of the Website not expressly permitted by these terms is a breach of these terms and may violate copyright, trademark, and other laws.
You agree not to use the Website: (a) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries); (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (c) to send, knowingly receive, upload, download, use, or re-use any material which does not comply with these terms and any license agreement or policy applicable to the Website; (d) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation; (e) to impersonate or attempt to impersonate TAA, a TAA employee, or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); (f) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm TAA or users of the Website or expose them to liability; (g) use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (h) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (i) use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent; (j) use any device, software, or routine that interferes with the proper working of the Website; (k) introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically or economically harmful; (l) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (m) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or (n) otherwise attempt to interfere with the proper working of the Website.
The Website may contain technological copy protection or other security features designed to prevent unauthorized use of the Website, including features to protect against use of the Website beyond the scope of any license granted to you to the Website. You shall not, and shall not attempt to, remove, disable, circumvent, or otherwise create or implement any workaround to, any such copy protection or security features.
Ownership of the copyright of the Website
The copyright in the contents and any downloads from the Website is owned by Tri-Arrows Aluminum or its subsidiaries unless otherwise stated. All rights reserved Tri-Arrows Aluminum Inc., 9960 Corporate Campus Drive, Suite 3000, Louisville, KY- 40223
You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used without the written permission of TAA or the author. Images, photographs, illustrations, text, or other content displayed on the Website are either the property of, or used with permission by TAA. The use of these materials by you, or anyone else authorized by you, is prohibited except as expressly provided herein. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You are responsible for obeying all applicable laws. We permit you to make copies of the Website as necessary incidental acts during your viewing of it; and you may take a print for your personal use of so much of the site as is reasonable for private purposes. All other use is strictly prohibited. You may not frame this site nor link to a page other than the home page without our express permission.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Website are registered and unregistered trademarks of TAA and/or its affiliates and/or other third parties. Nothing contained on the Website should be construed as granting in any way any license or right to use any Trademarks displayed on the Website without the written permission of TAA and/or its affiliates and/or such third party that may own the Trademark displayed on the Site. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided herein, is strictly prohibited.
Use of any Hyperlink
Neither we nor any of our subsidiaries are responsible for the content of any other website, including any website through which you may have gained access to the Website or to which you may gain access from the Website. We do not accept any liability in connection with any such sites or links.
Where we provide a hyperlink to a third party’s website, we do so because we believe in good faith that such a website contains or may contain material which is relevant to that on the Website. Such a hyperlink does not signify that Tri-Arrows Aluminum or its subsidiaries have reviewed or approve of the connected third party’s website or its contents – indeed in certain instances a hyperlink may connect you to a third party’s website containing views contradictory to those expressed on the Website or otherwise held by Tri-Arrows Aluminum and its subsidiaries.
What law governs the Website?
Your use of the Website and downloads from it, and the operation of these terms and conditions, shall be governed in accordance with the laws of U.S.A. This agreement will be interpreted in accordance with the laws of Kentucky, without regard to its conflicts of laws rules. IF THERE IS ANY DISPUTE OR CONTROVERSY ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THIS WEBSITE, THE DISPUTE OR CONTROVERSY WILL BE FINALLY AND EXCLUSIVELY SETTLED BY ARBITRATION IN LOUISVILLE, KENTUCKY IN ACCORDANCE WITH THE RULES FOR OF THE AMERICAN ARBITRATION ASSOCIATION AS IN EFFECT ON THE DATE THE DISPUTE ARISES, AND THE AWARD OF THE ARBITRATION WILL BE FINAL AND BINDING UPON THE PARTIES HERETO. THE ARBITRATION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECTION 1 ET SEQ., TO THE EXCLUSION OF STATE LAWS INCONSISTENT THEREWITH. THE AWARD WILL INCLUDE AN ALLOCATION OF THE COST OF THE ARBITRATION PROCEEDINGS. IF ANY LEGAL ACTION OR PROCEEDING TO ENFORCE OR DISPUTE SUCH AWARD IS NECESSARY, THE SAME SHALL BE BROUGHT EXCLUSIVELY IN ANY COURT OF COMPETENT JURISDICTION LOCATED IN JEFFERSON COUNTY, KENTUCKY, AND THE PARTIES TO THIS AGREEMENT AGREE AND SUBMIT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THESE COURTS. THE PROCEDURES SPECIFIED IN THIS SECTION WILL BE THE SOLE AND EXCLUSIVE PROCEDURES FOR THE RESOLUTION OF DISPUTES BETWEEN AND/OR AMONG THE PARTIES ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS AGREEMENT OR YOUR USE OF THIS WEBSITE; PROVIDED, HOWEVER, THAT A PARTY MAY FILE A COMPLAINT TO SEEK A PRELIMINARY INJUNCTION OR OTHER PROVISIONAL JUDICIAL RELIEF, IF IN ITS SOLE JUDGMENT SUCH ACTION IS NECESSARY. IF EITHER PARTY EMPLOYS ATTORNEYS TO ENFORCE ANY RIGHTS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE PREVAILING PARTY WILL BE ENTITLED TO RECOVER REASONABLE ATTORNEYS’ FEES, COSTS, AND EXPENSES.
In the event that any or any part of the terms contained in these terms and conditions shall be determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term shall to that extent be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law.