A. M. Todd Surplus Terms of Use

1. Use of Web Site. The information provided on this site is for general informational and educational purposes. Certain sections of this web site are intended for particular audiences including A. M. Todd's employees, customers and shareholders, as well as members of the general public. Your access to and use of the information contained in the web site is subject to this Terms of Use Agreement. By accessing and using this web site, you accept, without limitation or qualification, this Terms of Use Agreement.


2. Content. A. M. Todd will use reasonable efforts to include accurate and up-to-date information on this web site but A. M. Todd makes no warranties or representations of any kind as to its accuracy, currency or completeness. You agree that access to and use of this web site and the content thereof is at your own risk. A. M. Todd disclaims all warranties, express or implied, including warranties of merchantability of fitness for a particular purpose. Neither A. M. Todd nor any party involved in creating, producing or delivering this web site shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this web site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect your computer equipment.


3. Indemnification. You agree to indemnify, defend and hold harmless A. M. Todd, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from any violation by you of these Terms of Use.


4. Privacy. A. M. Todd respects the privacy of its web site users. Please refer to A. M. Todd's Privacy Policy that explains users' rights and responsibilities with respect to information that is disclosed on this web site.


5. Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Internet Privacy Policy, any communication or other material that you send to us through the internet, or post on the web site by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and A. M. Todd shall have no obligation of any kind with respect to such information. A. M. Todd shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.


6. Trademarks. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of A. M. Todd, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that A. M. Todd actively and aggressively enforces its intellectual property rights to the fullest extent of the law.


7. Void Where Prohibited. This web site and its contents are intended to comply with the laws and regulations in the U.S. Although the information on this web site is accessible to users outside of the U.S., the information on the web site pertaining to A. M. Todd products is intended for use only by residents of the U.S. Other countries may have laws, regulatory requirements and medical practices that differ from those in the U.S. A. M. Todd reserves the right to limit provision of our products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this web site is void where prohibited.


8. Governing Laws. This Terms of Use Agreement and your use of the web site shall be governed by the laws of the United States of America and the State of Michigan without regard to its conflicts of laws principles. Any legal action or proceeding related to this web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Michigan.


9. Miscellaneous. If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. A. M. Todd reserves the right to alter or delete materials from this web site at any time at its discretion.