TPI Corporation and Subsidiaries Legal Terms and Conditions:
- THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING, REGISTERING, OR OTHERWISE ACCESSING THE SITE OR ORDERING OUR PRODUCTS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, EXCLUSIVE REMEDIES AND LIMITATIONS OF LIABILITY, A DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER, THAT EACH APPLY TO THE EXTENT PERMITTED BY LAW AND AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS NO JUDGE OR JURY AND THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE READ THESE TERMS CAREFULLY.
1. AGREEMENT TO TERMS
These Terms and Conditions (the “Terms”, “Terms and Conditions”, or “Agreement”)constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “your”, or “Buyer”) and TPI Corporation (referred to as “TPI,” “we,” “us,” “our”, or “Seller”) and applies to your access and use of the TPI website, www.tpicorp.com, as well as any content, functionality, services, products, application, program, portal, or other website where these Terms are posted, linked, or incorporated by reference (collectively, the ”Site”). Certain products offered through the site may have additional terms and conditions, which govern in the event of any inconsistency with the Terms and Conditions below.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE SITE, PROVIDING ANY INFORMATION TO US THROUGH THE SITE, OR COMPLETING ANY REGISTRATIONS. BY CLICKING “I AGREE” (OR SIMILAR BUTTON) TO ACCEPT OR AGREE TO THESE TERMS, WHEN THIS OPTION IS MADE AVAILABLE TO YOU AND/OR BY USING OR ACCESSING THE SITE YOU: (1) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND CONDITIONS AS WELL AS OUR PRIVACY POLICY, WHICH IS INCORPORATED BY REFERENCE; (2) REPRESENT AND WARRANT THAT YOU HAVE FULL LEGAL AUTHORITY TO ENTER INTO THIS AGREEMENT AND, IF ENTERING INTO THIS AGREEMENT FOR A LEGAL ENTITY, THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT LEGAL ENTITY; AND (3) ACCEPT THIS AGREEMENT AND ACKNOWLEDGE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS OR USE THE SITE OR ANY OF OUR PRODUCTS.
2. ACCESSING THE SITE AND REGISTRATION
In order to access the Site, you may be required to register and create an account (such process and the information provided during such process, as amended from time to time through your login to your account in accordance with these Terms is referred to as the “Registration”). You represent and warrant that all of the information indicated in the Registration is true and complete, and you agree to update the Registration upon any changes to such information.
You also agree that you are responsible for securely managing the confidentiality of any of your account information including, without limitation, any usernames, passwords, personal identification numbers, and any other codes that you use to access the Site. You may not provide your Registration to anyone else to access the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. You will notify us immediately if you believe that your registration information or device you use to access the Site has been lost or stolen or that someone is using your account without your permission. You should regularly log into the Site to ensure that no unauthorized activity has occurred.
We reserve the right to withdraw or amend the Site at any time. We will not be liable if for any reason all or part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to you.
3. OWNERSHIP OF THE SITE AND INTELLECTUAL PROPERTY RIGHTS
The Site and its entire contents, features, functionality, and services (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by and the exclusive property of TPI or its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You acknowledge and agree that no right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by TPI or its licensors. You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, exploit for commercial purpose, or otherwise use any of these materials in any way for any public or commercial use without our prior written consent or the consent of the licensor. Any use of the Site not expressly permitted by the Privacy Policy and this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
4. YOUR DATA
In order for us to provide our services and your use of the Site, you grant to us a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to use, copy, encode, store, archive, translate, render into an audible and/or visual format, distribute, display, perform, transmit, and create derivative works from any information, content, material, or other data entered into the Site (“Data”) to the extent necessary for the us to: (1) provide the Site and our products; (2) perform our obligations under this Agreement; (3) attribute content to you; (4) compile analyses and statistical information from Data regarding usage or performance of the Site or our services and user engagement; (5) provide, monitor, correct, enhance, and improve the Site and our services; (6) develop new products and services; and (7) accomplish other internal business purposes or as described in our Privacy Policy.
You also grant to TPI a non-exclusive, transferrable, sublicensable, irrevocable worldwide, royalty-free right and license to de-identify or aggregate Data such that there is no reasonable basis to believe that the information can be used, alone or in combination with other reasonably available information, to identify any individual or to identify you as the source of such data (“Deidentified Data”).
5. YOUR CONDUCT AND PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms and our Privacy Policy. Transmitting, distributing, or storing any material that violates any applicable law or our Privacy Policy and these Terms is prohibited. You agree not to use the Site:
• 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 United States or other countries), or promote any illegal activity, or advocate, promote or assist any unlawful act.
• To transmit, or procure the sending of, any advertising or promotional material, or post any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of privacy or publicity rights, or otherwise objectionable.
• To impersonate or attempt to impersonate TPI, a TPI employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing) or make any representations that are likely to deceive any person or give any impression that materials or content emanate from or are endorsed by us or any other person or entity, if this is not the case.
Additionally, you agree not to:
• Directly, indirectly, alone, or with another party, copy, download, disassemble, reverse engineer, or decompile the Site or our services or otherwise attempt to discover the source code or underlying ideas or algorithms of the Site and our services;
• Use the Site or our services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site and our products;
• Use any device, software, or routine that interferes with the proper working of the Site or our services including, without limitation, introducing any viruses, Trojan horses, worms, logic bombs, keystroke logger, or other material that is malicious or technologically harmful.
• Otherwise attempt to interfere with the proper working of the Site.
6. CONTENT AND MATERIALS ON THE SITE
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TPI. 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.
TPI MAY DISCONTINUE OR MAKE CHANGES IN THE INFORMATION, PRODUCTS, OR SERVICES DESCRIBED ON THE SITE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. TPI RESERVES THE RIGHT TO TERMINATE ANY OR ALL SITE OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. BY OFFERING THIS SITE AND INFORMATION, NO DISTRIBUTION OR SOLICITATION IS MADE BY TPI TO ANY PERSON TO USE THE SITE OR SUCH INFORMATION IN JURISDICTIONS WHERE THE PROVISION OF THE SITE AND SUCH INFORMATION, PRODUCTS, OR SERVICES IS PROHIBITED BY LAW.
7. THIRD-PARTY WEBSITES
These Terms are only applicable to our Site and do not apply to third-party websites, applications, or technologies. The Site and our services my contain links to, and media and other content from, third-party websites. These links are to external websites and third parties with which we have no relationship or control. Because of the dynamic media capabilities of the Site and our services, it may not be clear to you which links are to our services or Site and which are to external, third-party websites. If you click on an embedded third-party link, you will be redirected away from the Site or our services to the external third-party website. You can check the URL to confirm that you have left the Site or our services. We have no control over the content on such third-party websites.
If you choose to link to a third-party website, we cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by any third parties or their websites; (ii) control third parties’ independent collection nor use of your personal information; (iii) endorse any third party information, products, services, or websites that may be reached through embedded links on the Site or our services; and (iv) make no warranties, either express or implied, concerning the content of such site, including the accuracy, completeness, reliability or suitability thereof for any particular purpose, nor do we guarantee that such site or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such site or content is devoid of viruses or other contamination.
Any personal information provided by you or automatically collected from you by a third party will be governed by that party’s privacy policy and terms and conditions. If you are unsure whether a website is controlled, affiliated, or managed by us, you should review the privacy policy and practices applicable to each linked website.
8. DISCLAIMER OF WARRANTIES
THE SITE, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE CONTENT, AND ALL MATERIALS, YOUR USE OF THE SITE, THE CONTENT, OR MATERIALS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. TPI, ITS AGENTS, AND ITS LICENSORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE. YOU ACCESS SUCH CONTENT OR INFORMATION ON THE SITE AT YOUR OWN RISK.
WE DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND (EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SITE, THE CONTENT, OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM, OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE NEITHER US OR NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ITS CONTENT.
YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR DELAYS CAUSED BY INCORRECT INFORMATION PROVIDED BY YOU OR TECHNICAL PROBLEMS BEYOND OUR REASONABLE CONTROL. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN OUR SITE OR ITS CONTENT. ADDITIONALLY, THE REFERENCE, INCLUSION, OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US.
YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SITE. YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITEWILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF LOST DATA. FURTHERMORE, WE DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS CONTENT OR INFORMATION WILL BE SECURE AND/OR COMPATIBLE WITH YOUR BROWSER OR OTHER SITE-ACCESSING PROGRAM. WE DO NOT GUARANTEE THAT THE SITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT IT WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR DUE TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY THIRD-PARTY SITE LINKED TO IT.
THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH INSTANCES, THE LIABILITY OF TPI AND ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH LAW.
9. LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES WILL TPI, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, PARENT COMPANIES, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO THE SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES. THIS INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, INCREASED COSTS, DIMINUTION IN VALUE, LOSS, INTERRUPTION, DELAY, OR RECOVERY OF ANY DATA, BREACH OF DATA OR SYSTEM SECURITY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS OR INCOME, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, CLAIMS TO THIRD PARTIES, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MISREPRESENTATIONS, BREACH OF CONTRACT, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE OR IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING THE FOREGOING, IN THE EVENT YOU ARE ENTITLED TO DAMAGES FOR ANY CLAIMS ARISING FROM THE USE OF THE SITE, YOU AGREE THAT THE AGGREGATE LIABILITY OF TPI, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY, ITS AFFILIATES, LICENSORS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
10. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless TPI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms of Use or your use of the Site; (b) your breach of the Privacy Policy; (c) your violation of any third party’s right including, without limitation, any copyright, trademark, property right, or privacy right; (d) any violation of applicable law by you; (e) information or content that you submit, post, transmit, or make available through the Site; (f) any claim that content provided by you caused damage or loss to a third party; or (g) any of your acts or omissions. This defense and indemnification obligation will survive your use of the Site and any termination of the Privacy Policy and Agreement.
If you use the Site to access data of which you are not the owner or authorized user, as reflected in our systems, you shall indemnify, defend, and hold harmless TPI and all of its executives, directors, employees, agents, successors, and assigns from any and all losses, liabilities, damages, and all related costs and expenses, arising from, relating to, or resulting (directly or indirectly) from such access. Further, without limiting our rights or your obligations under any other provision of these Terms of Use, and notwithstanding the same, in the event of any actual or reasonably suspected unauthorized access to the personal information of a customer and/or individual associated with a customer (including but not limited to customer names, addresses, phone numbers, bank and credit card account numbers, income and credit histories, and social security numbers) under your control or resulting from your past exercise of control, direct damages in connection with any such breach will include the cost and expenses of investigation and analysis (including by law firms and forensic firms), correction or restoration of any destroyed, lost or altered data, notification to affected customers, offering and providing of credit monitoring, customers service, or other remediation services, and any related cost. Our rights to indemnity under this section are in addition to all other rights and remedies available at law or in equity. Any exercise by us of our rights to indemnification shall be without prejudice to such other rights and remedies. You manifest your assent to this indemnity by accessing data through our Site.
11. COPYRIGHT NOTICES
TPI respects the intellectual property of others, and we expect our users to do the same. If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access to them) from the Site by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following: (a) your physical or electronic signature; (b) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a representative list of such works; (c) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (d) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address); (e) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law; (f) a statement that the information in the written notice is accurate; and (g) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Our designated copyright agent to receive DMCA Notices is: TPI Corporation, Attn: DMCA Agent, 114 Roscoe-Fitz Rd., Johnson City, TN 37615-3436. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. TPI has a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
12. GOVERNING LAW, VENUE, AND MEDIATION
a. Governing Law: The laws of the State of Tennessee (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to the Site, these Terms, and all transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement.
b. Venue: The parties agree that any legal action, suit, or proceeding arising out of or relating to this Agreement that is not required to be resolved under binding arbitration shall be brought and determined exclusively in the appropriate federal or state court in Washington County, Tennessee and in no other forum. The parties hereby irrevocably and unconditionally submit to the personal jurisdiction of such courts and agree to take any and all future action necessary to submit to the jurisdiction of such court sin any such suit, action, or proceeding arising out of or relating to this Agreement.
c. Mediation: You and TPI agree that any dispute, claim, or controversy of every kind and nature between the parties to this Agreement arising out of or in connection with the existence, construction, validity, interpretation or meaning, performance, nonperformance, enforcement, operation, breach, continuance, or termination of these Terms (collectively, “Disputes”) shall first be submitted to non-binding mediation pursuant to the procedure set forth in this paragraph. You may demand such mediation in writing by submitting a Notice of Dispute (the “Notice of Dispute”) within fourteen (14) days after the Dispute arises.
Any Notice of Dispute must be personally signed by you (if you are initiating the Notice of Dispute) or a TPI representative (if we are initiating the Notice of Dispute). The Notice of Dispute must contain the following information: (1) name, contact information (address, telephone number, and email address); (2) a detailed description of the nature and basis of the Dispute; and (3) a detailed description of the nature and basis of the relief sought, including a calculation for it. You must send any such Notice of Dispute to Affirmative Technologies by email to: [email protected]. We must send any Notice of Dispute to the email address we have on file for you. You and TPI agree that any mediation shall be mediated by a mediator selected locally from Johnson City, Tennessee, or a mediator otherwise mutually agreed to by the parties. The mediation shall be held in Johnson City, Tennessee and concluded within thirty (30) days of the selection of the mediator and within sixty (60) from the date the Notice of Dispute is received by the other party. The parties shall equally bear the cost of the mediator but otherwise bear their own costs in connection with the mediation. Compliance with this mediation process is a condition precedent to initiating any court action.
13. JURY TRIAL AND CLASS ACTION WAIVER
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, YOU AND TPI ACKNOWLEDGE AND AGREE THAT YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY. THE PARTIES FURTHER EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AND THE COMPANY MAY NOT BE PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND MAY EACH BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR REPRESENTATIVE CAPACITY.
14. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
15. WAIVER AND SEVERABILITY
No waiver by TPI of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TPI to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
16. TERM AND TERMINATION
This Agreement is effective upon your acceptance of it as stated herein and it shall continue in effect in accordance with this section. You may terminate this Agreement at any time by discontinuing your use of the Site and providing us with a notice of termination.
17. ENTIRE AGREEMENT
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and TPICorporation regarding the Site and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.
18. FORCE MAJEURE
TPI shall not be liable for any failure to perform its obligations under this Agreement if such failure arises, directly or indirectly, out of causes reasonably beyond the direct control of TPI and not due to TPI’s own fault or negligence or that of its contractors or representatives or other persons acting on its behalf, and which cannot be overcome by the exercise of due diligence and which could not have been prevented through commercially reasonable measures, including acts of God, acts of terrorists or criminals, acts of domestic or foreign governments, changes in any law or regulation, fires, floods, explosions, epidemics, pandemics, disruptions in communications, power, or other utilities, strikes or other labor problems, riots, or unavailability of supplies.
19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
20. UPDATES OR CHANGES TO THESE TERMS
We may add to, change, update, or modify these Terms from time to time. Should these Terms change, we will post all changes on this page and any such changes, updates, or modifications will be effective immediately upon posting. If we make material changes, we will also notify you through a notice on the homepage of the Site for a reasonable period of time. We may also, in our discretion, notify you of changes to these Terms via email. The date on which these Terms was last modified or updated is identified at the beginning of these Terms.
You are expected to, and you acknowledge and agree that it is your responsibility to, carefully review these Terms prior to using the Site, and from time to time, so that you are aware of any changes. Your continued use of the Site after the “Last Updated” date will constitute your acceptance of and agreement to such changes and the current provisions of these Terms. If you do not agree with these Terms and our practices, you should not use the Site.
21. CONTACT US
In order to resolve a complaint regarding the Site, to receive further information regarding use of the Site, and other communications relating to the Site, please contact us at:
Mail:
TPI Corporation
P.O. Box 4973
Johnson City, TN 37602
Phone:
1-800-682-3398
Email:
[email protected]
22. EMPLOYER/EMPLOYMENT POLICY
TPI Corporation is an equal opportunity employer.