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TERMS OF USE
 
Last modified September 30, 2020

PLEASE READ THESE TERMS OF USE ("TERMS") CAREFULLY. BY ACCESSING THIS WEBSITE, AND ANY PAGES OR MATERIALS CONTAINED IN THIS WEBSITE (THIS "SITE"), YOU AGREE TO BE BOUND BY THE TERMS SET FORTH BELOW, OUR PRIVACY STATEMENT AND INCLUDING, WITHOUT LIMITATION, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN THE "GOVERNING LAW; DISPUTE RESOLUTION" SECTION BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS SET FORTH BELOW, PLEASE DO NOT ACCESS THIS WEBSITE, OR ANY ASSOCIATED PAGES OR MATERIALS.

This Site is operated by Troy Corporation ("Troy"). This Site allows you to: (a) participate in interactive features that Troy may make available from time to time; and/or (b) simply view information and data. Troy offers this Site, including all information, tools and services available on this Site, to you, the user, conditioned upon your acceptance of these Terms. In order to access and use certain features of this Site, you must first register with Troy through our online registration process.

The pages and materials contained on this Site are the property of Troy or are owned by a third party and are used by Troy under license. These Terms, together with our Privacy Statement, govern your use of this Site. Troy reserves the right, in its sole discretion, to change, modify, add, or remove any portion of this Site or these Terms, in whole or in part, at any time and for any reason. Changes to these Terms will be effective when posted. You agree to review these Terms periodically to be aware of any changes. Your continued use of this Site after any changes to the Terms will be considered acceptance of those changes. In the event that you do not comply with these Terms, Troy may, in its sole discretion and without notice, block or restrict your access to this Site and/or pursue legal action against you for any alleged or actual violation of these Terms or applicable law.

YOU AGREE THAT YOUR USE OF THIS SITE WILL BE AT YOUR SOLE RISK.
When you use this Site, you represent that: (a) the information you submit is truthful, complete and accurate; (b) as applicable, you will update your contact information if it changes so that we can contact you; (c) your use of this Site and your use of services available on this Site do not violate any applicable law or regulation, including, but not limited to, United States export control and economic sanctions requirements; and (d) you are 18 years of age or older.

Not Intended for Children Under the Age of 18

Our products and services are for commercial use. Our Site, product and services are not intended for children under eighteen (18) years of age. The Site, our product and the services, content, information and programs provided or made available on and/or through the Site may not be accessed or used by any individuals that are not at least 18 years of age. No one under age 18 may provide any information to or through the Site. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Site, register on the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at DataPrivacy@troycorp.com.

INDEMNITY AND LIMITATIONS OF DAMAGES

To the fullest extent allowed by law, you agree to indemnify, defend and hold harmless Troy, its subsidiaries and affiliates, and its and their respective officers, directors, shareholders, members, managers, employees, agents, licensors, suppliers and any third party information providers to the Site against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site violates these Terms, any applicable law or regulation, or the rights of any third party.

TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT SHALL TROY, ITS SUBSIDIARIES, AFFILIATES OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF TROY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, TROY’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS, WHETHER IN CONTRACT, TORT OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY, SHALL NOT EXCEED FIFTY DOLLARS (USD $50).

PERMITTED USE

Any person is hereby authorized to view the information available on the Site for informational purposes only. The text and images resident on this Site, however, may not otherwise be copied, modified, distributed, reproduced or reused without the express written permission of Troy. Troy reviews each request on a case by case basis.

Please direct any inquiries related to use of the materials on this Site to:

Troy Corporation

Law Department
8 Vreeland Road
Florham Park, NJ 07932

Please provide a cover letter explaining your proposed use.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Site, you agree not to use the Site or any device, including a compromised device, to intentionally or unintentionally access the Site for any unlawful purpose, or any other purpose prohibited by law or these Terms, our Privacy Statement, and notices. You may not use this Site in any manner that could be damaging to, disable, overburden, crash, or impair any Troy server, networks connected to any Troy server, or interfere with any other party’s use and enjoyment of the Site or any of its services. You may not attempt to gain unauthorized access to any portion of the Troy Site, its services, other accounts, computer systems, or any network connected to any Troy server, through hacking, password "mining", or any other means.

LINKING TO THE SITE

LINKING TO THE TROY SITE INDICATES THAT YOU ACCEPT TROY’S TERMS OF USE AND LEGAL RESTRICTIONS AND THAT YOU WILL ABIDE BY THE GUIDELINES BELOW. IF YOU DO NOT ACCEPT THESE TERMS AND AGREE TO ABIDE BY THESE GUIDELINES, DO NOT LINK TO THIS SITE.

If you link to Troy's Site, you agree that you:

  • Will not replicate any Troy Site content;
  • Will not frame or otherwise create a browser or border environment around Troy Site content;
  • Will not imply that Troy is endorsing you, your company or business, your website or its contents, your products, or your services;
  • Will not misrepresent your or your website's relationship with Troy;
  • Will not present false, misleading or inaccurate information about Troy, Troy's products or services, or any of Troy's affiliates or their products or services;
  • Will not disparage Troy, Troy's products or services, or any of Troy's affiliates or their products or services;
  • Will not use Troy's trademarks, logos or copyrighted materials without first receiving express prior written permission from Troy;
  • Will not include content on your Site that is or could be construed as illegal, distasteful, offensive, or controversial and will include on your Site only content that is appropriate for all age groups;
  • Will not link to an internal page of this Site that is located one or several levels down from the home page or bring up or present content of this Site on another Site without Troy's prior written permission;
    LIMITED LICENSE

    Troy grants you a non-exclusive, revocable, non-transferable, limited right to access, use and display this Site and the materials thereon; provided, however, that you comply with these Terms. You agree not to disrupt, interrupt or attempt to interrupt the operation of the Site in any way. You agree not to change or delete any proprietary notice from materials downloaded from the Site. You agree to comply with all trademark, copyright and other laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials and information contained on this Site. Except as expressly provided herein, Troy does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information, all of which are expressly reserved.

    USE AND PROTECTION OF ACCOUNT NUMBER AND PASSWORD

    Access to and use of certain areas of this Site is restricted to authorized users only. By registering for such areas of this Site, you agree to provide true, accurate, current and complete information about yourself. Please see our Privacy Statement for more information about how we use the information you provide to us. You are responsible for maintaining the confidentiality of your account number and password, if applicable. We strongly encourage you to not use the password for this Site for any other site or account, and in no event should you use a password for this Site that you use for your personal accounts. You are responsible for all statements made, acts or omissions that occur, and uses of your account, whether or not actually or expressly authorized by you. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, please notify us immediately. We may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.

    DISCLAIMER

    TROY CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA AND OUTPUT. TO THE FULLEST EXTENT ALLOWED BY LAW, YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.

    THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE AND ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. SUCH MATERIALS AND INFORMATION MAY CONTAIN TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. TROY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. NO CONTRACTUAL RIGHTS ARE ESTABLISHED OR SHOULD BE INFERRED BECAUSE OF YOUR RELIANCE ON THE MATERIALS AND INFORMATION CONTAINED ON THIS SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. TROY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. TROY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.

    THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND TROY DOES NOT MAKE – AND SPECIFICALLY DISCLAIMS - ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER AS TO THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT, INCLUDING, WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE AND TROY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY THEREFROM. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    THIRD PARTY SITES

    Some links on this Site may cause you to leave the Troy Site. If you are an employee of Troy or an employee applicant, please see the applicable terms and policies to resources that you may access through third party portals provided in your employee handbook or as specifically posted on the link or portal through which you apply for a career with Troy. If you decide to visit any linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. It is also your responsibility to review such third party site’s privacy policy and terms of use. Troy does not control the linked sites and is not responsible for their contents. These links are provided to you for your convenience and the inclusion of the link does not imply endorsement of the Site by Troy. Troy makes no warranty or representation regarding any linked sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Troy is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked Site is authorized to use any trademark, trade name, logo or copyright symbol of Troy or any of its affiliates or subsidiaries.

    INTELLECTUAL PROPERTY

    The trademarks, trade names, logos, service marks, trade dress and products (collectively, the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Troy and others. The trademarks, trade names, logos, service marks, trade dress and products in this Site are protected in the United States and internationally.

    Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Troy or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms, is strictly prohibited. You are also advised that Troy will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

    The materials of this Site are protected by Copyright and Trademark Laws of the U.S. and other countries and are owned by, or licensed to Troy. All content of this Site is owned or controlled by Troy. You may download content only for your personal use for non-commercial purposes but no modification or further reproduction of the content is permitted. The contents of the Site, including any images, text, executable code, and layout design may not be distributed, reproduced, publicly displayed, downloaded, modified, reused, re-posted, or otherwise used except as provided herein without the express prior written permission of Troy.

    Troy maintains this Site for your and your company’s information, product and service education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for your noncommercial use only provided you also retain all copyright and other proprietary notices contained on the materials. You may not, for any reason, distribute, modify, duplicate, transmit, reuse, re-post, or use the content of the Site for public or commercial purposes, including the text, images, audio, and video without Troy’s prior written consent.

    ©2016 Troy. All rights reserved. Troy Corporation Copyright in the pages of this website and in the screens displaying the pages, and in the material contained therein and in their arrangement, is owned by Troy Corporation ("Troy"), and/or its affiliates, unless otherwise indicated. In addition, the materials contained on this web Site may be Troy Proprietary and/or Trade Secret information and may not be copied, compiled, or distributed without the prior written consent of Troy.

    TERM AND SURVIVAL

    These Terms shall remain in full force and effect while you use this Site and apply to your use of any content that you download or copy from this Site. You may terminate your use or participation at any time, for any reason, by contacting us at the address set forth in the “Permitted Use” section above. Upon termination of your account for any reasons, we will close your account, and you will no longer be able to retrieve materials contained in the account. Even after your use and participation is terminated, these Terms will remain in effect. Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on a party will survive the termination or expiration of these Terms.

    GOVERNING LAW; DISPUTE RESOLUTION

    This Site is operated and administered from within the United States of America (“U.S.”). Use of this Site shall be governed by all applicable Federal laws of the U.S. and the laws of the State of New Jersey, without giving effect to its conflict of laws provisions. For matters that are not resolved by arbitration, as provided herein below, or for the enforcement of any arbitration award, you agree to submit to the jurisdiction of the courts located in the State of New Jersey.

    You and Troy agree to arbitrate all disputes, except disputes related to the enforcement of Troy’s intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and Troy concerning these Terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. In the event of a Dispute, you or Troy must send to the other party a notice of dispute (“Notice of Dispute”), which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute and the relief requested. You must send any Notice of Dispute to the Troy address set forth above. Troy will send any Notice of Dispute to you at the contact information that Troy may have for you.

    YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you.

    PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Troy will seek to have a Dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another with the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

    FOR ANY ACTIONS NOT SUBJECT TO ARBITRATION, YOU AND TROY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN MORRIS COUNTY, NEW JERSEY. YOU AND TROY FURTHER AGREE THAT ANY DISPUTES SHALL BE RESOLVED UNDER THE SUBSTANTIVE LAW OF THE STATE OF NEW JERSEY (EXCLUSIVE OF ITS CHOICE OF LAW PROVISIONS). THE CONVENTION FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY.

    MISCELLANEOUS

  • These Terms, together with our Privacy Statement, constitute the entire agreement between you and Troy regarding the use of this Site and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
  • Troy shall be excused from performance under these Terms to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (a) weather conditions or other elements of nature or acts of God, (b) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (c) pandemics, government orders, quarantines or embargoes; (d) labor strikes, or (e) other causes beyond Troy's reasonable control. While we use reasonable measures to prevent security incidents, we cannot guaranty that this Site will not be impacted by a third party’s unauthorized access or disruption of this Site.
  • These Terms are between you and Troy. There are no third-party beneficiaries to these Terms.
  • Troy's failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
  • These Terms operate to the fullest extent permissible by law. If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
  • You may not assign your rights under these Terms to any third party; Troy may assign its rights under these Terms without condition.

    ENTIRE AGREEMENT; LIMITATION ON COMMENCEMENT OF ACTIONS

    These Terms constitute the entire agreement between Troy and you (the “Agreement”) with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.

    ©2020 Troy. All rights reserved. Troy Corporation Copyright in the pages of this website and in the screens displaying the pages, and in the material contained therein and in their arrangement, is owned by Troy Corporation ("Troy"), and/or its affiliates, unless otherwise indicated. In addition, the materials contained on this web Site may be Troy Proprietary and/or Trade Secret information and may not be copied, compiled, or distributed without the prior written consent of Troy.

     

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