Terms of Use
Attention: Please Read These Terms, Conditions And Legal
Restrictions Carefully Before Using This Web Site.
By accessing, viewing, using, or downloading materials from the
Site, you agree to be legally bound by these Terms of Use (the
"Agreement") and all other terms, conditions and notices contained
or referenced in the Site. This Site is owned and operated by The
Tapco Group (as referred to herein as "The Tapco Group" or the
"Company").
1. Binding Agreement
Use of this Site is available only to those users who are in
compliance and agreement with these terms and conditions of use as
well as the other terms and conditions referenced elsewhere on this
Site. Please note that by accessing, viewing, using, or downloading
materials from the Site, you agree to be legally bound by all of
the terms, conditions and notices contained or referenced
herein.
2. Use of Information
Requests for permission to reproduce any information contained on
this Site should be addressed to The Tapco Group by contacting us
or using the following mailing address:
The Tapco Group
29797 Beck Road
Wixom, Michigan 48393
Notwithstanding the above, The Tapco Group authorizes you to make
one (1) electronic or paper copy of the information posted on any
page of the Site, provided that the copy is used solely for
non-commercial, personal purposes, and further provided that any
such copy remains protected by all copyright, trademarks, Site
marks, and other proprietary notices and legends contained on the
Site.
This license does not include the right to modify this Site, or
any portion of it, except with the express written consent of The
Tapco Group. Any resale or commercial use of this Site or its
contents; any collection and use of any product or service
listings, descriptions, or prices; any derivative use of this Site
or its contents; any downloading or copying of account information
for the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction rules is
prohibited without the express written consent of The Tapco
Group.
You agree to use this Site for lawful purposes only, and shall not
post or transmit any information or material which in any way
infringes or violates the rights of others or which is unlawful,
defamatory, threatening, invasive of privacy or publicity, obscene,
harassing or otherwise objectionable.
The Tapco Group reserves the right, at its sole discretion, to
pursue all of its legal remedies, including but not limited to
prosecution of users in violation of these terms and
conditions.
3. Forward-Looking Statements
THE NATURE OF THE COMPANY'S BUSINESS AND THE MANY COUNTRIES IN
WHICH IT OPERATES SUBJECT IT TO CHANGING ECONOMIC, COMPETITIVE,
REGULATORY AND TECHNOLOGICAL CONDITIONS, RISKS AND UNCERTAINTIES.
IN ACCORDANCE WITH THE "SAFE HARBOR" PROVISIONS OF THE PRIVATE
SECURITIES LITIGATION REFORM ACT OF 1995, THE COMPANY PROVIDES THE
FOLLOWING CAUTIONARY REMARKS REGARDING IMPORTANT FACTORS WHICH,
AMONG OTHERS, COULD CAUSE FUTURE RESULTS TO DIFFER MATERIALLY FROM
THE FORWARD-LOOKING STATEMENTS, EXPECTATIONS AND ASSUMPTIONS
EXPRESSED OR IMPLIED HEREIN. FORWARD-LOOKING STATEMENTS CONTAINED
HEREIN COULD INCLUDE AMONG OTHER THINGS, STATEMENTS ABOUT OUR
MANAGEMENT CONFIDENCE AND STRATEGIES FOR PERFORMANCE; EXPECTATIONS
FOR NEW AND EXISTING PRODUCTS, TECHNOLOGIES, AND OPPORTUNITIES; AND
EXPECTATIONS REGARDING GROWTH, SALES, CASH FLOWS, EARNINGS AND
ECONOMIC VALUE ADDED (EVA®). THESE STATEMENTS CAN BE IDENTIFIED BY
THE USE OF SUCH TERMS AS "MAY," "COULD," "EXPECT," "ANTICIPATE,"
"INTEND," "BELIEVE," OR OTHER COMPARABLE TERMS.
FACTORS WHICH COULD CAUSE RESULTS TO DIFFER INCLUDE, BUT ARE NOT
LIMITED TO: (1) CHANGES IN THE WORLDWIDE BUSINESS ENVIRONMENT IN
WHICH THE COMPANY OPERATES, INCLUDING GENERAL ECONOMIC CONDITIONS;
(2) CHANGES IN CURRENCY EXCHANGE RATES, INTEREST RATES AND CAPITAL
COSTS; (3) CHANGES IN THE PERFORMANCE OF STOCK AND BOND MARKETS
THAT COULD AFFECT, AMONG OTHER THINGS, THE VALUATION OF THE ASSETS
IN THE COMPANY'S PENSION PLANS AND THE ACCOUNTING FOR PENSION
ASSETS, LIABILITIES AND EXPENSES; (4) CHANGES IN GOVERNMENTAL LAWS
AND REGULATIONS, INCLUDING ENVIRONMENTAL, TAX AND IMPORT TARIFF
STANDARDS; (5) MARKET AND COMPETITIVE CHANGES, INCLUDING PRICING
PRESSURES, MARKET DEMAND AND ACCEPTANCE FOR NEW PRODUCTS, SERVICES
AND TECHNOLOGIES; (6) UNFORESEEN BUSINESS DISRUPTIONS IN ONE OR
MORE OF THE MANY COUNTRIES IN WHICH THE COMPANY OPERATES DUE TO
POLITICAL INSTABILITY, CIVIL DISOBEDIENCE, ARMED HOSTILITIES OR
OTHER CALAMITIES; (7) THE SEASONAL NATURE OF THE BUSINESS; (8) THE
INTEGRATION OF THE COMPANY'S STRATEGIC ACQUISITIONS; (9) THE AMOUNT
AND TIMING OF REPURCHASES OF THE COMPANY'S COMMON STOCK, IF ANY;
(10) THE CURRENT GLOBAL FINANCIAL AND CREDIT CRISIS, WHICH COULD
RESULT IN OUR CUSTOMERS CURTAILING DEVELOPMENT PROJECTS,
CONSTRUCTION, PRODUCTION AND CAPITAL EXPENDITURES, WHICH, IN TURN,
COULD REDUCE THE DEMAND FOR OUR PRODUCTS AND SERVICES AND,
ACCORDINGLY, OUR SALES, MARGINS AND PROFITABILITY; (11) THE
FINANCIAL CONDITION OF OUR CUSTOMERS, INCLUDING THE ABILITY OF
CUSTOMERS (ESPECIALLY THOSE THAT MAY BE HIGHLY LEVERAGED AND THOSE
WITH INADEQUATE LIQUIDITY) TO MAINTAIN THEIR CREDIT AVAILABILITY;
AND (12) OTHER RISK FACTORS LISTED FROM TIME TO TIME IN THE
COMPANY'S SEC REPORTS. A FURTHER DISCUSSION OF THESE, ALONG WITH
OTHER POTENTIAL FACTORS, CAN BE FOUND IN PART I, ITEM 1A, "RISK
FACTORS," OF THE COMPANY'S ANNUAL REPORT FILED ON FORM 10-K. THE
COMPANY CAUTIONS THAT THESE FACTORS MAY NOT BE EXHAUSTIVE AND THAT
MANY OF THESE FACTORS ARE BEYOND THE COMPANY'S ABILITY TO CONTROL
OR PREDICT. ACCORDINGLY, FORWARD-LOOKING STATEMENTS SHOULD NOT BE
RELIED UPON AS A PREDICTION OF ACTUAL RESULTS. THE COMPANY
UNDERTAKES NO DUTY TO UPDATE FORWARD-LOOKING STATEMENTS EXCEPT AS
MAY BE REQUIRED BY LAW.
4. Legal Entity Disclaimer
The terms and descriptions contained in this site are not intended
to alter or otherwise affect the independent legal entity status of
The Tapco Group and its subsidiary corporations or alter or
otherwise affect the ownership and reporting relationship of
unincorporated operating divisions.
5. Links to Affiliate or Third-Party Sites
The Tapco Group may provide on this Site, solely as a convenience
to users, links to web sites operated by our affiliates or other
entities. If you use these sites, you may leave this Site. 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. The Tapco Group does
not make any warranty or representation regarding, or endorse or
otherwise sponsor, any linked web sites or the information
appearing thereon or any of the products or services described
thereon. Links do not imply that The Tapco Group is affiliated or
associated with the linked site, 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 affiliated
or associated with The Tapco Group or is authorized to use any
trademark, trade name, logo or copyright symbol of The Tapco
Group.
6. Third-Party Content
Any information, statements, opinions, services or other
information provided by third parties and made available on this
Site are those of the respective author(s) and not The Tapco Group.
Such information and the like may be updated from time to time
directly by the respective authors. The disclaimer set forth above
applies regardless of the updating party.
7. Unsolicited Information Provided by You
The Tapco Group does not want you to, and you should not, send any
confidential or proprietary information to The Tapco Group through
this Site unless specifically requested by The Tapco Group. Please
note that any unsolicited information or material sent to The Tapco
Group will be deemed not to be confidential or proprietary. By
submitting information and material through this Site, you grant to
The Tapco Group (or warrant that the owner of such information and
material has expressly granted to The Tapco Group) a royalty-free,
perpetual, irrevocable, and unrestricted right and license to use,
reproduce, display, perform, modify, adapt, publish, translate,
transmit and distribute or otherwise make available to others such
information and material (in whole or in part and for any purpose)
worldwide and/or to incorporate it in other works in any form,
media, or technology now known or hereafter developed. You also
agree that The Tapco Group is free to use any ideas, concepts,
know-how or techniques that you send to The Tapco Group for any
purpose.
You shall not upload, post or otherwise make available on this
Site any information and material protected by copyright, trademark
or other proprietary right without the express written permission
of the owner of such right(s). You shall be solely liable for any
damages resulting from any infringement of copyright, proprietary
rights, or any other harm resulting from such a submission.
8. Notice of Copyright Infringement
We respect the intellectual property of others, and we ask our
users to do the same. To the extent that you have provided any work
and if you believe that your work has been copied and is accessible
on this Site in a way that constitutes copyright infringement,
please provide The Tapco Group, Office of Corporate Communications
with the following information:
identification of the copyrighted work claimed to have been
infringed;
identification of the allegedly infringing material on the Site
that is requested to be removed;
your name, address and daytime telephone number, and an e-mail
address if available, so that The Tapco Group may contact you if
necessary;
a statement that you have a good faith belief that use of the
copyrighted work is not authorized by the copyright owner, its
agent or the law;
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 an exclusive copyright right that is
allegedly infringed; and
an electronic or physical signature of the copyright owner or
someone authorized on the owner's behalf to assert infringement of
copyright and to submit the statement.
The Copyright Agent for Notice of claims of copyright infringement
on the Site can be reached at EMAIL or the mailing address noted
above.
If The Tapco Group is notified of any claims of copyright
infringement on the Site, it may investigate the allegation and
determine in good faith and at its sole discretion whether to
remove or request the removal of the work or material. The Tapco
Group has no liability or responsibility to users for performance
or nonperformance of such activities.
9. Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE
DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR
SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND
CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THE
REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO DISCONTINUE
ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL THE TAPCO GROUP OR ITS SUPPLIERS OR
OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING,
PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR
EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS
INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT
OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE
OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS SITE,
OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT
NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF
PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES;
INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR
SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE
TAPCO GROUP WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TAPCO GROUP SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR
ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD
PARTY.
10. Changes
All content contained herein is subject to change without notice,
but The Tapco Group has no responsibility to update any information
on this Site. The Tapco Group reserves the right to change or
modify the terms and conditions applicable to the use of this Site
at any time. Such changes, modifications, additions, or deletions
to the terms and conditions of use shall be effective immediately
upon notice thereof, which may be given by any means including, but
not limited to, posting new terms and conditions on the Site.
11. Disputes, Arbitration and Effect of Invalidity
By accessing this web site and using the information therein
available and/or by purchasing any products or services made
available through this site, you agree with the website operators,
their service providers, affiliates, parents, subsidiaries and any
content provider or offeror of goods and services on this site or
through any other associated activity, that any claim or dispute
you may have against or with any of these persons or entities,
whether related to the described transactions or otherwise,
including the enforceability of this arbitration agreement, will be
resolved by binding arbitration under the Code of Procedure of
ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim
is filed. The Code is available at www.arbitration-forum.com or can
be obtained by calling 1-800-753-9448. This arbitration agreement
is subject to the Federal Arbitration Act (9 U.S.C. Sections 1-16)
and the New York Convention on the Enforcement of Arbitration
Awards (9 U.S.C. Section 201-208). Hearings shall be held as
provided by the Code and if any In-person Hearing is required, it
shall be held in Camp Hill, PA, USA. In the event a court having
jurisdiction finds any portion of this agreement unenforceable,
that portion shall not be effective and the remainder of the
agreement shall remain effective.
12. Copyright
This Site, including all information and Materials contained in
it, are copyrighted and protected by worldwide copyright, trademark
and other laws and treaty provisions. You agree to comply with all
copyright, trademark and other laws worldwide in your use of this
Site and to prevent any copying, reproduction, modification,
distribution, displaying, performing or transmission in violation
thereof or of these terms and conditions. Except as expressly
provided in these terms and conditions, The Tapco Group does not
grant any express or implied license or third party right to you
under any patents, trademarks, copyrights or trade secret
information of The Tapco Group or of any third party.
13. Copyright Notice
All Web Site design, text, graphics and the selection and
arrangement thereof, are the property of The Tapco Group.
14. Trademark
All rights in the product names, company names, trademarks, trade
names, logos, product packaging and designs of The Tapco Group or
third party products or web sites whether or not appearing in large
print or with the trademark symbol, belong exclusively to The Tapco
Group or their respective owners and are protected under national
and international trademark and copyright laws. Users are not
permitted to use The Tapco Group Marks without the prior express
written consent of the owner of such mark.