This web site is operated by ThermX Southwest Inc. (ThermX Temperature
Technologies Inc.) on behalf of itself and its affiliated companies.
By using this web site, you agree to be bound by these Terms and Conditions.
Please read them carefully before using this web site. Your continued
use of this web site after the posting of changes to these Terms and
Conditions constitutes acceptance of the changes. If you do not agree
to these Terms and Conditions, do not use this web site.
Use of Material
You may use this web site solely for lawful purposes. Use of this web
site for unlawful purposes is expressly prohibited.
The information, data, graphics, messages, music, photographs, software,
sound, video and other content available on this web site (´Content´),
including, without limitation, the hypertext markup language code used
to generate the pages of this web site, are proprietary to ThermX Southwest
and its Content providers, and are protected by various intellectual
property laws. The copyrights in the Content are owned by ThermX Southwest
or its Content providers, and the organization and display of the web
site as a whole is a collective work owned by ThermX Southwest. You
may not sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, frame or create
derivative works from the Content. However, you may print or download
one copy of the Content on a single computer for your personal use,
provided you do not remove any copyright or other proprietary notices.
ThermX Southwest allows, but does not endorse and is not responsible
for, hypertext links to the home page of this web site. Creation, distribution
or use of hypertext links to any other page of this web site, other
than links originating within this web site or in other communications
expressly authorized by ThermX Southwest, are strictly prohibited.
The ThermX Southwest name and logo are trademarks, service marks, registered
trademarks or registered service marks of ThermX Southwest and may not
be used without written authorization. Other trademarks on this web
site are the property of their respective owners.
ThermX Southwest does not grant you any express or implied right under
any patent, copyright, trademark, service mark or trade secret.
Links To Third Party Sites
This web site may contain links to third-party web sites. ThermX Southwest
has no control over these other web sites, does not endorse them, has
not reviewed them, and is not responsible for them. Use of third-party
web sites is at your own risk, and ThermX Southwest is not responsible
or liable, directly or indirectly, for any damage or loss you incur
in connection with products or services available on third-party web
site, nor for the accuracy, copyright compliance, legality, decency
or other aspect of any third-party web site.
Specific Prohibited Uses.
Using any device, software or routine to interfere or attempt to interfere
with the proper working of this web site or any activity being conducted
on this site.
Notwithstanding anything to the contrary contained herein, using or
attempting to use any engine, software, tool, agent or other device
or mechanism (including, without limitation, browsers, spiders, robots,
avatars or intelligent agents) to navigate or search this web site other
than the search engine and search agents available from ThermX Southwest
on this web site and other than generally available third party web
browsers (such as Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of this
Users are prohibited from violating or attempting to violate the security
of this web site, including, without limitation, (a) accessing data
not intended for such user or logging into a server or account which
the user is not authorized to access, (b) attempting to probe, scan
or test the vulnerability of a system or network or to breach security
or authentication measures without proper authorization, (c) attempting
to interfere with service to any user, host or network, including, without
limitation, via means of submitting a virus to this web site, overloading,
"flooding", "spamming", "mailbombing"
or "crashing", (d) sending unsolicited e-mail, including promotions
and/or advertising of products or services, or (e) forging any TCP/IP
packet header or any part of the header information in any e-mail or
newsgroup posting. Violations of system or network security may result
in civil or criminal liability. ThermX Southwest will investigate occurrences
which may involve such violations and may involve, and cooperate with,
law enforcement authorities in prosecuting users who are involved in
We reserve the right, but undertake no duty, to monitor use of this
web site. We also reserve the right to refuse to serve anyone for any
reason not prohibited by law.
ThermX Southwest's Liability
ThermX Southwest does not warrant that this web site will operate error-free
or that this web site and its server are free of computer viruses or
other harmful mechanisms. If your use of this web site or the material
results in the need for servicing or replacing equipment or data, ThermX
Southwest is not responsible for those costs.
The web site and material are provided on an "as is" basis
without any warranties of any kind. ThermX Southwest, to the fullest
extent permitted by law disclaims all warranties, whether express or
implied, including warranties of description, merchantability, fitness,
for particular purpose and non-infringement. ThermX Southwest makes
no warranties about the accuracy, reliability, completeness, or timeliness
of the material, services, software, text, graphics, links or other
content on this web site.
In no event shall ThermX Southwest, its suppliers, or any third parties
mentioned on the web site be liable for any damages whatsoever (including,
without limitation, incidental and consequential damages, lost profits,
or damages resulting from lost data or business interruption) resulting
from the use or inability to use the web site and the material, whether
based on warranty, contract, tort, or any legal theory, and whether
or not ThermX Southwest is advised of the possibility of such damages.
You will indemnify and hold ThermX Southwest, its officers, subsidiaries
and affiliated companies harmless from any and all claims, demands or
other liabilities, including legal fees and costs, that are made by
any third party due to or arising from your use of this website or your
breach of these terms and conditions.
ThermX Southwest reserves the right to modify the contents of this
web site or restrict access to this web site at any time without notice.
ThermX Southwest also reserves the right to change the availability
of this web site or withdraw the site or any and all of the products
and services offered on the site at any time.
These Terms and Conditions are governed by, and will be construed in
accordance with, the laws of the State of California. By using this
web site and accepting these Terms and Conditions, you (a) submit to
personal jurisdiction in the State of California for any action arising
out of or in connection with these Terms and Conditions; (b) waive any
and all personal rights under the laws of any state to object to jurisdiction
within the State of California; and (c) agree that for any cause of
action arising out of or in connection with these Terms and Conditions,
venue is solely proper in San Diego County, California, and that all
actions brought under these Terms and Conditions must be brought in
the state courts of San Diego County, California.
to the terms herein. Please see the section labeled "Information
We Collect and How We Use It" to learn more about our collection
and use of user information.
ThermX Southwest is committed to safeguarding the privacy of visitors
to our web site through our site. We will endeavor to ensure that the
information you provide us remains private and is used only for authorized
information and the limited manner in which we will use that information
to provide and improve our provision of the Services.
"personally identifiable information" is information that
tells us specifically who you are, like your name, street address, email
address, billing address, credit card number and expiration date; "your
information" means both your personally identifiable information
and any other information about or belonging to you, including the Internet
Protocol (IP) address of your computer; "aggregate information"
is information combined from various persons or users; and "anonymized
information" is information that does not identify individual persons
or entities or associate a particular person or entity with such information.
How We Protect Your Information
ThermX Southwest employs technology and security measures to protect
your information. When you submit sensitive information via our web
site, we endeavor to protect your information is protected in a variety
of ways both on-line and off-line. These security measures includes
encryption, firewalls and technology that monitors data exchanged on
the site. Although no one can guarantee absolute security, we will continue
to monitor and update our security measures to help ensure that your
sensitive information remains protected.
Cookies are small text files that our web site can send to your browser
for storage on your computer's hard drive. Cookies can make your use
of our site easier by saving your status and preferences upon visits
to our web site. The cookies are refreshed every time you enter our
web site. Most browsers are initially set to accept cookies, but you
enable ThermX Southwest to customize information for certain segments
of its customer base; and (2) in some instances, to associate you with
automatically and thereby save time. Although rejection of cookies will
not interfere with your ability to interact with most of our site, you
will need to accept cookies in order to login and use certain interactive
Services on the site.
collected by ThermX Southwest. If you disclose information to other
parties, different rules may apply to their use or disclosure of such
information regardless of their affiliation or relationship with ThermX
Southwest. Because ThermX Southwest does not control the privacy practices
of third parties you are subject to the privacy customs and policies
of those third parties. When you link to another web site, you are subject
information to third parties.
We do not try to control, and disclaim responsibility for, information
provided by other users or third parties that is made available through
our site. Such information may contain errors, intentional or otherwise,
or may be offensive, inappropriate or inaccurate, and in some cases
will be mislabeled or deceptively labeled.
All payments are due upon receipt. We accept Cash, Check, Visa, MasterCard,
and American Express.
ThermX Southwest (ThermX Temperature Technologies, Inc.) products and
related parts are sold under the foregoing warranties, which extend
only to the first buyer of said products as new merchandise directly
from ThermX Southwest or from an authorized distributor, representative
ThermX Southwest products and related parts are warranted to be free
from defects in workmanship and material at the time of manufacture,
and will conform to specifications set forth in relevant ThermX Southwest
catalog pages for such products.
ThermX Southwest sells products only under the above terms and conditions,
which are expressly in lieu of all other warranties whatsoever, expressed,
implied or statutory, including without limitation the implied warranties
of merchantability and fitness for a particular purpose. ThermX Southwest
will not be bound by terms and conditions stated by any purchaser in
any offer, acceptance or other contractual document, nor shall purchaser
be entitled to incidental, special or consequential costs, expenses
or damages excepting only the repair or replacement described above.
Shipping will be paid for by the buyer in the amount agreed upon by
the seller at the time of purchase. If an item is lost during shipping,
the total cost of item, including shipping, will be refunded to the
buyer by the seller. Shipping costs may double if shipping internationally.
If an item is damaged during shipping, seller will not be held responsible.
All goods delivered hereunder will be suitably packaged or crated for
domestic shipment. Supplier shall enclose a packing slip, not showing
prices, in each container; and, on shipments not so accompanied, Purchaser's
count or weight shall be conclusive. Purchaser's order number, Supplier's
name, packing slip number, piece number, and other identification as
Purchaser may require shall appear on all containers, invoices, correspondence,
bills of lading and other shipping papers, and where Supplier and shipper
are not the same, the names of both shall be shown thereon. Unless otherwise
provided in the contract, no charge shall be made for boxing or crating.
Except as otherwise required by law or government regulations, all containers
to be returned to Supplier shall be shipped on a no-charge basis, with
Supplier's name and address and demand for return plainly marked thereon
and will be paid for by Purchaser only if so marked and not returned
within a reasonable time.
Items are entitled to be refunded or returned based on complaint. If
an item is damaged during shipping, the seller is not responsible. ThermX
Southwest's sole and exclusive obligation and the purchaser's sole and
exclusive remedy under the above warranty is limited to repair or replacement,
at ThermX Southwest's discretion. All claims hereunder shall be deemed
waived unless made in writing, within thirty days of delivery, to ThermX
Southwest's main office (7370 Opportunity Road, Suite S, San Diego,
CA 92111), and which, if so advised by ThermX Southwest, are returned
to the designated facility during normal business hours, transportation
prepaid, and which, upon examination by ThermX Southwest, are found
to be non-compliant with the above warranty.
Each party may at any time propose changes in the schedule or scope
of products or services. Seller is not obligated to proceed with any
change until both parties agree upon such change in writing. The written
change documentation will describe the changes in scope and schedule,
and resulting changes in price and provisions, as agreed. An item may
be cancelled on the conditions it is re-sellable with a 25% restocking
fee. All custom orders cannot be cancelled once it has been processed.
How do I Contact ThermX Southwest
the ThermX Southwest Webmaster by sending an email to: firstname.lastname@example.org
All inquiries about items may be sent to our support team: email@example.com
or call (800) 284-3769. There is no guarantee of a resolution. Each
case will be looked at individually, and the seller will be in contact