THS Terms & Conditions

THS has the right to change or discontinue any aspect or feature of the Website. THS has the right to change or modify the terms and conditions applicable to Your use of the Website (including these Terms of Use), or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof. Any use of the Website by You subsequent to such notice shall be deemed to constitute acceptance by You of such changes, modifications or additions.

In consideration of Your use of the Website, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by our registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or THS has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete, THS has the right to suspend or terminate Your account and refuse any and all current or future use of the Website.

Registration Data and certain other information about You is subject to our Privacy Policy. While we do our best to safeguard Your information, please remember that privacy over the Internet cannot be guaranteed. We have the right to share Your name and contact information with our attorneys or with law enforcement officials or agencies in the event of serious violations of conduct (as determined solely by THS).

Users are granted, subject to this Terms of Use and for a stated term, a personal, non-exclusive, non-assignable, and non-transferable license to access and use the Website. Modifications of any materials on the Website or use of the materials for any purpose other than as contemplated in the Website is a breach of Your agreement with us and constitutes a violation of THS' copyright and proprietary rights. You agree not to reverse engineer, duplicate, publish, modify, or otherwise distribute the materials on the Website.

Users shall use the Website for lawful purposes only. Any conduct by a User that in THS' discretion restricts, limits or inhibits any other User from using or enjoying the Website is expressly prohibited. You further agree not to obtain or attempt to obtain through the Website any materials or information not intentionally made available to You through the Website. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Website, use of the Website, or access to the Website.

You will receive a password and account designation upon completing the Website's registration process. You agree that there shall only be one person associated with each account designation and that You shall provide THS with the name of such individual as part of the registration process.

No other person shall be permitted to use the account designation or password to access the Website. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under Your password or account.

You agree to (a) immediately notify THS of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. THS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION 6.

The license granted herein shall terminate automatically with or without notice from THS if You fail to comply with any provision of the Terms of Use. You agree that THS will not be liable to You or any third party for any modification, suspension, or discontinuation of the Website.

You agree that any termination of Your access to the Website under any provision of this Terms of Use may be effected with or without prior notice, and acknowledge and agree that THS may immediately deactivate or delete Your user identification and password and all related information and files under Your user identification and password and/or bar any further access to the Website.

Further, You agree that THS will not be liable to You or any third party for any termination of Your access to the Website. In the event that You violate these Terms of Use, THS has the right to file suit against You for such legal remedies that may be available to us, and we may recover such compensation from You as is permissible by law. If THS is the prevailing party in any judicial action against You, or instituted by You, You agree to pay to THS its reasonable attorney's fees and court costs incurred in such action.

The entire content of the Website and any supporting software are the proprietary property of THS and/or its licensors, and are protected by U.S. and international copyright and other intellectual property laws.

None of the content found on the Website may be copied, reproduced, republished, distributed, sold, licensed, transferred, distributed or modified without the express written permission of THS. You agree not to display, disparage, dilute, or taint our trademarks or use any confusing similar marks or use our trademarks in such a way that would misrepresent the ownership of such marks. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, copyright or other proprietary notice shall be made. Users acknowledge that he/she does not acquire any ownership rights by downloading copyrighted material. Any permitted use of our trademarks by You shall be to the benefit of THS.

Unauthorized use of the Website would be a violation of THS and its licensors' rights. In addition, the trademarks, logos and service marks displayed on the Website (collectively, the "Trademarks") are the property of THS, its affiliates, and various third parties. The Website and the software incorporate in the Website may not be reverse engineered, de-compiled or disassembled.

The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. THS is not responsible for the availability of such external sites or resources and THS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Regarding Use and Storage You acknowledge that THS may establish general practices and limits concerning use of the Website. You agree that THS has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted to the Website.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE WEBSITE IS AT YOUR OWN RISK AND YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT:

• a. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
• b. THS MAKES NO WARRANTY THAT (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
• c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
• d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
• e. USE OF THIS WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY, AND THS IS NOT LIABLE FOR THE POSTING, OR FAILURE TO POST, OF ANY INFORMATION ON THIS WEBSITE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL THS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR INTANGIBLE LOSSES (EVEN IF THS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE LOSS OF DATA AND/OR USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE. THS IS NOT RESPONSIBLE FOR, AND SHALL HAVE NO LIABILITY WITH RESPECT TO, THE CONTENT OF THIRD PARTY WEB SITES THAT ARE LINKED TO OR FROM THE WEBSITE. NEITHER THS NOR THE WEBSITE IS RESPONSIBLE FOR THE USER GENERATED CONTENT ON THE WEBSITE.

The Terms of Use (including the Privacy Policy referenced herein) constitutes the entire agreement between You and THS, governs Your use of the Website, and supersedes any prior agreements between You and THS concerning the Website.

Law The Terms of Use shall be construed in accordance with the laws of the State of New Jersey, United States of America, and You agree to submit to the exclusive jurisdiction of the courts of the State of New Jersey in any action brought to enforce or arising out of the Terms of Use. Notwithstanding the foregoing, THS, in THS' sole discretion, shall have the right to commence and prosecute any legal or equitable action or proceeding before any United States or non-United States court of competent jurisdiction to obtain injunctive or other relief available to it.

You agree to defend and indemnify THS and any of its affiliates, officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of (i) Your breach of these Terms of Use or the documents referenced herein, (ii) Your violation of any law or the rights of a third party; or (iii) Your use of this Website.

Any and all Confidential Information (as defined below) disclosed to or obtained by You in connection Your use of the Website shall be deemed confidential and proprietary information belonging to THS. In recognition of the foregoing, You covenant and agree: (a) that You will maintain all Confidential Information in strict confidence, using at least the same degree of care as You use to avoid unauthorized use or disclosure of Your own confidential information, but in no event less than a reasonable standard of care or that standard of care imposed upon You by applicable laws whichever is greater; (b) that You will not make use of any Confidential Information for Your own purposes or the benefit of anyone or any other entity; (c) that You will take no action with respect to the Confidential Information that is inconsistent with the confidential and proprietary nature of such information; (d) that You will store any copies of Confidential Information in a secure location, separate and apart from any of Your other business records; (e) that You shall only disclose Confidential Information to Your employees who have a need to know such Confidential Information; and (f) that You have the programs, process and procedures in place to comply with the confidentiality, data security and privacy obligations found herein or imposed by Federal or State laws governing the Confidential Information.

For purposes of these Terms of Use, "Confidential Information" shall include all information of THS disclosed or provided to You through the Website, including, but not limited to, technical and financial data, security information (such as computer passwords and identification codes), computer information (such as codes, operating instructions and functionality), credit card information, financial statements, billing statements, credit information and social security numbers.

You acknowledge that the unauthorized disclosure of the Confidential Information may cause irreparable injury to THS. THS shall, therefore, be entitled to seek injunctive relief upon a disclosure or threatened disclosure of any such Confidential Information, without the posting of a bond. Without limitation of the foregoing, You shall advise THS immediately in the event that You learn or believe that any person or entity which has had access to Confidential Information has violated or intends to violate the terms of these Terms of Use, and will cooperate with THS in seeking injunctive or other equitable relief against any such person or entity. This provision shall not in any way limit such other remedies as may be available to THS at law or in equity. At anytime upon THS' request, You shall promptly return to THS all materials incorporating Confidential Information and all copies of the same.

Our relationship is not one of agency or partnership and You are not and will not be deemed to be, a partner, employee, fiduciary, agent or representative of the Website or THS by Your use of the Website. You may not assign or transfer Your rights to any third party. These terms are severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. Failure to enforce a term of the Terms of Use shall not be deemed a subsequent waiver of that term or other terms. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use must be filed within ONE (1) YEAR after such claim or cause of action arose or be forever barred. The Terms if Use becomes effective by internet online acceptance or by simply using or downloading information from the Website.