Terms of Use

Twin Technologies, LLC ('Twin') provides its content on this Web site (the 'Site') subject to the following terms and conditions, as well as additional terms and conditions in other sections on this Site, which are expressly incorporated herein and also must be observed and followed (collectively, the "Terms"). We may periodically change the Terms, so please check back from time to time. BY ACCESSING AND USING THIS SITE, YOU AGREE TO THESE TERMS OF USE.

All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of Twin Technologies or its licensors and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.

The trademarks, service marks, designs, and logos (collectively, the "Trademarks") displayed on the Site are the registered and unregistered Trademarks of Twin Technologies and its licensors. You agree that you will not refer to or attribute any information to Twin Technologies or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third party and that you will not use or reproduce any Trademark of, or imply any endorsement by or relationship with, Twin Technologies or its licensors.

You may link to this Site, so long as it does not portray Twin or its affiliates in a negative manner or otherwise portray its services in a false, misleading, derogatory or offensive manner. Further, the linking site must not contain anything illegal, false, misleading, derogatory or offensive, and no express or implied affiliation with Twin may be indicated without Twin's express written permission. Twin reserves the right to require that you remove any link to this Site for any reason, and you agree to carry out the removal immediately. Unless specifically set forth in writing by Twin, any link to this Site must not appear prominently on the linking site so as to confuse or mislead users as to the affiliation, sponsorship, etc. of Twin and the linking site.

Twin Technologies hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print the content and functionality displayed on the Site (the "Site Content") on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without Twin's prior written consent.

Also, you agree not to interrupt or attempt to interrupt the operation of this Site or access thereto by other users. You agree not to resell or otherwise exploit for commercial purposes, directly or indirectly, any portion of this Site, or access to this Site. You agree that information you provide to this Site will be true and accurate to the best of your knowledge, and that nothing you provide shall be illegal, obscene, threatening, defamatory, invasive of privacy, infringing on the rights of, or otherwise injurious to person or property, including, without limitation, software viruses, worms, Trojan horses or other malicious code. You also agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the source of the information you provide to this Site.

Further, you agree to take reasonable precautions to maintain the confidentiality of your account name and password for full access to this Site.

Twin Technologies prohibits the posting of any content that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to Twin Technologies at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner's behalf to assert infringement of the right. Twin Technologies will remove any posted content that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). Twin's contact for submission of notices under this Section 4 is: David Ladd, Twin Technologies, LLC, 6360 French's Hollow Road, Altamont, NY 12009; telephone number +1 518-391-2663.

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT TWIN TECHNOLOGIES IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TWIN TECHNOLOGIES AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. TWIN TECHNOLOGIES SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY CONTENT PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER TWIN TECHNOLOGIES NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

We may provide links to third-party Web sites, and some of the content appearing to be on this Site is in fact supplied by third parties, for example, in instances of framing of third-party Web sites or incorporation through framesets of content supplied by third-party servers. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor. Twin has no responsibility for these third-party Web sites, which are governed by the terms of use and privacy policies, if any, of the applicable third-party content providers.

These Terms are governed by the laws of the State of New York without reference to the principles of conflicts of laws thereof. Any dispute arising from these Terms shall be resolved exclusively in the state and federal courts of the State of New York, excepting its choice of law rules if the application of such rules would result in the laws of another jurisdiction being applied. Any dispute between you and Twin described in the previous paragraph shall be brought before an alternative dispute resolution body within Albany County. You agree that any such body shall have personal jurisdiction over you for purposes of any such dispute. Any dispute between you and Twin arising out of or relating in any way to your access or use of this Site shall initially be addressed through confidential negotiations, which shall be treated as compromise and settlement negotiations under the relevant rules of evidence. If the matter in dispute has not been resolved within thirty (30) days of the initiating party's written request for negotiation, the parties shall endeavor to first settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Rules. A neutral third party will be selected in accordance with the selection process. During the time period set forth below, mediation shall be the sole and exclusive procedure for resolution of any such dispute. If the dispute is still not resolved within sixty (60) days after mediation begins, either party may demand arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof as described in the following paragraph. If the parties agree, a mediator involved in the parties' mediation may be asked to serve as the arbitrator. You agree that the cost of mediation and any subsequent arbitration as described above shall be split equally between you and Twin.

Should mediation or arbitration as described herein not take place or not completely resolve a dispute for any reason, you agree that the sole jurisdiction and venue for any litigation arising from your use of this Site shall be an appropriate federal or state court located in Albany County, New York State, and you hereby submit to the jurisdiction of these courts.

Twin's Privacy Policy, which constitutes part of these Terms, explains Twin's practices and policies related to the collection, use, and storage of Twin's users' information and contains instructions on how you can instruct Twin to limit the use of information about you. View Twin's Privacy Policy.

You agree to indemnify and hold Twin and, where applicable, its parent, subsidiaries, officers, directors, agents and employees, as well as manufacturers and distributors whose content appears on this Site, harmless from any claim or demand, including reasonable attorney's fees, made by any third party arising out of or related in any way to your access, inability to access or use of this Site, or any breach by you of these Terms.

If any court of competent jurisdiction deems any provision of these Terms to be unenforceable, then that provision shall be enforced to the extent possible to effect the intent of these Terms, and the remaining provisions shall remain in full force and effect. The headings in this section of this Site are intended solely for convenience and are not considered to be terms within these Terms. These Terms constitutes the entire agreement between Twin and you with regard to your access and use of this Site, and supersedes all prior agreements and understandings, whether written or oral, in connection herewith.