January 20, 2016 TPG

Legal

BASIC SITE BEHAVIOR

By entering and/or using this website, you agree that your use of this website is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. Any arrangements you make with another person or entity facilitated through The Photonics Group (“TPG”) and/or this website are strictly on your own, at your own risk and you must do your own due diligence and use your best judgment. TPG and its officers, employees and assigns are not liable for the improper use or distribution of any information made available through this website. The opinions expressed within this website are solely those of the person or entity named as the author.

DISCLAIMER

TPG makes no representations about the suitability of the information contained in the documents and related graphics published on this Website for any purpose. All such documents and related graphics are provided “AS-IS” without warranty of any kind. TPG disclaims all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement. In no event shall TPG be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of data, profits, or use whether in an action of contract, negligence, or tort, arising out of or in connection with the use or performance of information available from or through TPG. The documents and related graphics published on this website could include technical inaccuracies or typographical errors. Changes are periodically added to the information on our website.

INTELLECTUAL PROPERTY

Trademarks

TPG and the names of TPG services referenced on our website are service marks, trademarks or registered trademarks of TPG. All other product and company names mentioned on our website are the trademarks of their respective owners. Please notice that all company trademarks, service marks, etc. are generally not indicated by any symbol in on-line text messages; however, they are acknowledged and recognized by TPG.

Content Copyrights

Any rights not expressly granted on our website are reserved by TPG. All Content is protected by copyright laws according to U.S., international conventions as well as other copyright laws as a collective work and/or compilation. TPG owns a copyright in the selection, coordination, arrangement and enhancement of this Content. Permission to use, copy and distribute documents and related graphics available from TPG website is granted, provided:

  • The below copyright notice appears in all copies and that both the copyright notice and this permission notice appear,

  • Use of documents and related graphics available from this Website is for informational and non-commercial purposes only,

  • No documents or related graphics available from this Website are modified in any way, and

  • No graphics available from this Website are used, copied or distributed separate from accompanying text.

All e-mail, questions, answers, and other electronic submissions sent to this Website, posted on this Website, or sent to someone identified as a representative of this Website is at all times the exclusive property of TPG.

LIABILITY

Hold Harmless

Upon request of this Website, you agree to defend, indemnify and hold harmless, TPG and its officers, affiliated companies, licensees and others from all liabilities, claims and expenses, including without limitation reasonable attorneys fees. Should any part of these Website rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions remain in full force and effect.

GDRP POLICY

Introduction

Thank you for choosing to be part of our community at [business name] (“company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at legal@thephotonicsgroup.com.

When you visit our website [website] (“Site”) and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our site and our services.

This privacy policy applies to all information collected through our website www.thephotonicsgroup.com, and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the “Site“).  

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.  

Table of contents

1. What Information Do We Collect?

2. How Do We Use Your Information?

3. Will Your Information Be Shared With Anyone?

4. Do We Use Cookies And Other Tracking Technologies?

5. Do We Use Google Maps?

6. How Do We Handle Your Social Logins?

7. What Is Our Stance On Third-Party Website?

8. How Long Do We Keep Your Information?

9. How Do We Keep Your Information Safe?

10. Do We Collect Information From Minors?

11. What Are Your Privacy Rights?

12. Do California Residents Have Specific Privacy Rights?

13. Do We Update This Policy?

14. How To Contact Us About This Policy?

1. What Information Do We Collect?

We collect personal information that you provide to us such as name, address, contact information, passwords and security data, payment information, and social media login data.

We collect personal information that you voluntarily provide to us when [registering at the Site or Apps,] expressing an interest in obtaining information about us or our products and services, when participating in activities on the Site [(such as posting messages in our online forums or entering competitions, contests or giveaways)] or otherwise contacting us.

  • Personal Information– The personal information that we collect depends on the context of your interactions with us and the Site, the choices you make and the products and features you use. All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information. The personal information we collect can include the following:

    • Name and Contact Data– We collect your first and last name, email address, postal address, phone number, and other similar contact data.

    • Credentials– We collect passwords, password hints, and similar security information used for authentication and account access.

    • Payment Data– We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by our payment processor and you should review its privacy policies and contact the payment processor directly to respond to your questions.

    • Social Media Login Data– We provide you with the option to register using social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called “Social Logins’ below.

  • Information Automatically Collected– Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our website. We automatically collect certain information when you visit, use or navigate the Site. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Site and other technical information.  This information is primarily needed to maintain the security and operation of our Site, and for our internal analytics and reporting purposes. Like many businesses, we also collect information through cookies and similar technologies.

  • Information Collected from Other Sources– We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources. We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include: social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links).

2. How Do We Use Your Information?

We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Site for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests (“Business Purposes”), in order to enter into or perform a contract with you (“Contractual”), with your consent (“Consent”), and/or for compliance with our legal obligations (“Legal Reasons”). We indicate the specific processing grounds we rely on next to each purpose listed below.  

We use the information we collect or receive:

  • To facilitate account creation and logon process [with your Consent]- If you choose to link your account with us to a third party account *(such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process. See the section below headed “Social Logins” for further information.

  • To send you marketing and promotional communications [for Business Purposes and/or with your Consent]. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences.  You can opt-out of our marketing emails at any time (see the “Your Privacy Rights” below).

  • To send administrative information to you [for Business Purposes- Legal Reasons and/or possibly Contractual]. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.

  • Fulfill and manage your orders [for Contractual reasons]- We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Site.

  • To post testimonials [with your Consent]- We post testimonials on our Site that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at legal@thephotonicsgroup.com and be sure to include your name, testimonial location, and contact information.

  • Deliver targeted advertising to you [for our Business Purposes and/or with your Consent]- We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

  • Administer prize draws and competitions [for our Business Purposes and/or with your Consent]- We may use your information to administer prize draws and competitions when you elect to participate in competitions.

  • Request Feedback [for our Business Purposes and/or with your Consent]- We may use your information to request feedback and to contact you about your use of our Site.

  • To protect our Site [for Business Purposes and/or Legal Reasons]- We may use your information as part of our efforts to keep our Site safe and secure (for example, for fraud monitoring and prevention).

  • To enable user-to-user communications [with your consent]- We may use your information in order to enable user-to-user communications with each user’s consent.

  • To enforce our terms, conditions and policies [for Business Purposes, Legal Reasons and/or possibly Contractual].

  • To respond to legal requests and prevent harm [for Legal Reasons]- If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

  • For other Business Purposes– We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Site, products, services, marketing and your experience.

3. Will Your Information Be Shared With Anyone?

We only share information with your consent, to comply with laws, to protect your rights, or to fulfill business obligations, and we only share and disclose your information in the following situations:

  • Compliance with Laws– We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

  • Vital Interests and Legal Rights– We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

  • Vendors, Consultants and Other Third-Party Service Providers– We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Site, which will enable them to collect data about how you interact with the Site over time.  This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

  • Business Transfers– We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

  • Third-Party Advertisers– We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information about your visits to our Website(s) and other website that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you. [See our Cookie Policy [Hyperlink] for further information]

  • Affiliates– We may share your information with our affiliates, in which case we will require those affiliates to honor this privacy policy. Affiliates include our parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us.

  • Business Partners– We may share your information with our business partners to offer you certain products, services or promotions.

  • With your Consent– We may disclose your personal information for any other purpose with your consent.

  • Other Users– When you share personal information (for example, by posting comments, contributions or other content to the Site) or otherwise interact with public areas of the Site [or App], such personal information may be viewed by all users and may be publicly distributed outside the Site [and our App] in perpetuity. [If you interact with other users of our Site and register through a social network (such as Facebook), your contacts on the social network will see your name, profile photo, and descriptions of your activity.]  Similarly, other users will be able to view descriptions of your activity, communicate with you within our Site, and view your profile.

4. Do We Use Cookies and Other Tracking Technologies?

We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies.

5. Do We Use Google Maps?

Yes, we use Google Maps for the purpose of providing better service.

This website, mobile application, or Facebook application uses Google Maps APIs. You may find the Google Maps APIs Terms of Service here. To better understand Google’s Privacy Policy, please refer to this link.

By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service.  [By using our implementation of the Google Maps APIs, you agree to allow us to gain access to information about you including personally identifiable information (such as usernames) and non-personally identifiable information (such as location). For a full list of what we use information for, please see the previous sections titled “Use of Your Information” and “Disclosure of Your Information.” [You agree to allow us to obtain or cache your location. You may revoke your consent at anytime.] [We use information about location in conjunction with data from other data providers.] The Maps APIs that we use store and access cookies and other information on your devices.

6. How Do We Handle Your Social Logins?

If you choose to register or log in to our website using a social media account, we may have access to certain information about you.

Our Site offers you the ability to register and login using your third party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public. [If you login using Facebook, we may also request access to other permissions related to your account, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.]

We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the Site. Please note that we do not control, and are not responsible for, other uses of your personal information by your third party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their site and apps.

7. What Is Our Stance On Third-Party Websites?

We are not responsible for the safety of any information that you share with third-party providers who advertise, but are not affiliated with, our website.

The Site may contain advertisements from third parties that are not affiliated with us and which may link to other website, online services or mobile applications. We cannot guarantee the safety and privacy of data you provide to any third parties. Any data collected by third parties is not covered by this privacy policy. We are not responsible for the content or privacy and security practices and policies of any third parties, including other website, services or applications that may be linked to or from the Site. You should review the policies of such third parties and contact them directly to respond to your questions.

8. How Long Do We Keep Your Information?

We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than [90 days/6 months/1 year/2 years/the period of time in which you have an account with us/90 days past the termination of your account/6 months past the termination of your account/1 year past the termination of your account/2 years past the termination of your account].

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

9. How Do We Keep Your Information Safe?

We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Site is at your own risk. You should only access the services within a secure environment.

10. Do We Collect Information From Minors?

We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age.  By using the Site, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Site [and App].  If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records.  If you become aware of any data we have collected from children under age 18, please contact us at legal@thephotonicsgroup.com.

11. What Are Your Privacy Rights?

You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below legal@thephotonicsgroup.com.

We will consider and act upon any request in accordance with applicable data protection laws. If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm

You may at any time review or change the information in your account or terminate your account by:

  1. Logging into your account settings and updating your account

  2. Contacting us using the contact information provided below

  3. [Other]

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements:

  • Cookies and similar technologies– Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Site. To opt-out of interest-based advertising by advertisers on our Site visit http://www.aboutads.info/choices/.

  • Opting out of email marketing– You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. You can also opt-out by:

    • Noting your preferences at the time you register your account with the Site.

    • Logging into your account settings and updating your preferences.

    • Contacting us using the contact information provided below

12. Do California Residents Have Specific Privacy Rights?

Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the [Site/ Mobile Application/ Facebook Application], you have the right to request removal of unwanted data that you publicly post on the [Site/ Mobile Application/ Facebook Application]. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California.  We will make sure the data is not publicly displayed on the [Site/ Mobile Application/ Facebook Application], but please be aware that the data may not be completely or comprehensively removed from our systems.

13. Do We Make Updates To This Policy?

Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

14. How Can You Contact Us About This Policy?

If you have questions or comments about this policy, email us at legal@thephotonicsgroup.com or by post to:

The Photonics Group

West Chester, OH 45069

ATTN: Legal

TERMS AND CONDITIONS OF SERVICE

The following terms and conditions apply to all testing and services performed by The Photonics Group. (TPG), unless specifically exempted in writing by an officer of TPG.

Contract Agreement/Terms and Conditions

When placing an order with TPG, the client agrees that TPG quotation, Terms and Conditions, the Client purchase order, and TPG agreement to perform testing shall constitute the entire contract between the Client and TPG. A purchase order issued to TPG shall not constitute a binding contract until it is accepted and acknowledged by TPG. It is assumed the Client accepts TPG Terms and Conditions in lieu of the Client Terms and Conditions on any orders placed with TPG.

Governing Law

All contracts between TPG and the Client shall be deemed to be made and governed by the Laws of the State of Pennsylvania. Any legal action brought by either the Client or TPG shall be brought in a court of competent jurisdiction in Venango County, Pennsylvania.

Quotation Period and Pricing

As stated on TPG quotations, prices quoted by TPG are valid for thirty (30) days from the date of the quotation, and are subject to change after that period. The prices contained in a quotation supplied by TPG apply specifically to the test or engineering program proposed in accordance with stated specifications and documentation provided to TPG at the time of quotation. TPG shall not be bound to this pricing for any subsequent testing, repeat testing, additions, and omissions to the test program or parts thereof. Pricing for materials purchased by TPG for use during the test program are subject to change as determined by the actual price paid by TPG upon delivery of material.

Pricing Revision

The Client representative requesting any testing or engineering quotation by TPG shall be considered an agent of the client and authorized to make technical and/or cost changes of any nature to the test procedures, specifications, or other Client documents. If TPG is required to submit a quotation without first receiving and reviewing applicable test specifications, any pricing submitted shall be subject to change when such specifications are made available to TPG.

Credit Terms and Payment

The acceptance of any purchase order by TPG shall be contingent upon approval of the Client credit. Unless otherwise determined, terms of TPG invoices shall be 1% 10 Net 10 days and payable in U.S. funds. Payment for services rendered is the obligation of the Client issuing the purchase order or accepting the proposal. This obligation is not contingent on any specific result from TPG services and may not be assigned without the written permission of TPG. If the Client fails to make payment within the agreed terms, TPG shall have the right to cease work and make all invoices immediately due and payable. In addition, TPG shall have the right to charge interest on all amounts not paid by the due date at the rate of 1.5% interest per month, compounded monthly, from the due date of payment.

Standard Procedures and Accreditation

TPG represents to the client that testing is done in accordance with standard procedures as applicable and that reported test results are accurate within generally acceptable commercial ranges of accuracy, unless another measure of accuracy has been agreed to in writing by TPG and the client. TPG testing laboratories are not accredited and is therefore the responsibility of the client to ensure TPG is aware of any testing requiring accreditation prior to approval of quotation, issuance of contract, and performance of work by TPG.

Warranties

TPG performs services and hence its work and reports are not governed by the Uniform Commercial Code. Except as stated in Standard Procedures and Accreditation above, TPG disclaims all warranties, express or implied, including any warranties of merchantability or fitness for a particular purpose. TPG shall have no liability for incidental or consequential damages of any nature whatsoever.

Liability for Test Items

Due to the inherent risks associated with product testing and the difficulty determining the value of test items, TPG will not be liable for damage to or loss or destruction of the Client’s property while in the possession of TPG. In the event that insurance coverage is required for any of the above conditions, it shall be the responsibility of the Client to obtain such coverage.

Client Furnished Equipment (CFE)

In the event that the Client provides equipment, tooling, material, etc. to TPG for use during a test program, the Client hereby represents to TPG and warrants that any such equipment, material and tooling shall conform to all applicable specifications and understandings between the parties and shall in all other respects be suitable for the intended purpose. In no event will TPG be responsible for any delays or damages resulting from nonconforming or otherwise unsuitable equipment or material furnished by the Client. Aside from the responsibility of TPG to use reasonable care in protecting and handling any such equipment and material furnished by the Client, TPG shall have no further liability with respect thereto. Any such equipment, material, and tooling furnished by the Client and not consumed in the performance of testing shall be returned to the Client upon completion of all work hereunder in the same condition as received, reasonable/normal wear and tear excepted. Unless otherwise expressly provided, TPG shall retain title to and possession of all jigs, fixtures, tools, test equipment etc. made for or obtained for the furnishing of the testing service covered by the purchase order.

Scheduling and Interuptions

TPG will provide the Client, upon request, with a schedule for any test or engineering program. If for any reason the test or engineering program is interrupted by the Client, or by the failure of items under test, for a period of thirty (30) days, the completed portion of the work, including (but not limited to) supplies, materials, labor, and equipment utilization shall be billed to the Client and be payable within the agreed upon payment terms. In such circumstances where TPG agrees to place the program on hold, TPG may bill the Client stand-by charges, up to the full cost of established testing rates, until the test program resumes or is terminated by the client. If the test or engineering program is terminated by the client, TPG may impose a cancellation fee of no less than 15% of the un-billed portion of the program.

Program Delays

TPG shall not be liable for any failure or delay in performance which is caused in whole or in part by acts of God (fire, flood, earthquakes, etc.), strikes or other labor disturbances, shut-downs, equipment breakdowns, unforeseen engineering problems, fuel shortages, Government priorities, or any other cause beyond the control of TPG.

Periodic Billings

If the service to be performed requires more than one month for completion, TPG may make monthly billings of the approximate percentage of the work completed each month, upon request, supplying with the interim invoice a progress report showing accomplishments to date.

Forensic Services

If the client requires forensic services, the client must mark each test sample, data set, supporting document, and test authorization form conspicuously as “LEGAL”. Unless otherwise indicated in writing, prices quoted or charged by TPG do not include charges for any court appearance, expert witness testimony, deposition or affidavit, or preparation thereof, in connection with forensic services. Such charges will be computed at TPG hourly rates, plus expenses. All such charges must be prepaid by the client prior to such appearance, testimony, deposition or affidavit and, where required by law, advance court approval of charges must be obtained by the client at client expense.

Court Appearance by TPG

In the event that TPG, as a result of an order or subpoena issued by a court, is called upon to produce or testify with respect to consulting or testing, TPG will advise the client of the fact and the time and place of the scheduled hearing, if reasonable advance notice is given to TPG. If the client has any objections to TPG complying with such order or subpoena, it will be the client’s obligation to present such objections to the court at or prior to the time specified in such order or subpoena, and to give timely notice to TPG of the results.

Use of Documentation

TPG data and documents remain the exclusive property of TPG and the Client shall, upon full payment of TPG fees for a project, be granted permission to reproduce the documentation to provide to third parties provided that said documentation is reproduced in its entirety and without any modification(s). TPG, as a consultancy and independent testing laboratory, does not directly or indirectly endorse any product or service provided, or to be provided, by any Client. Clients shall not in any way imply the documentation they obtain as a result of TPG services is an endorsement of any such product or service they provide. The customer is free to use TPG documentation for internal evaluation purposes except for training and educational work unless provided for under a current contract. The Client shall not advertise, publish or otherwise communicate in any manner, the name, the seal or service mark, reports, test results, documentation or procedures of TPG, in whole or in part, without prior written approval of an officer of TPG. The client’s actual or threatened failure to abide by this paragraph may result in legal action by TPG for injunctive and other relief. In the event TPG seeks injunctive relief, the client will not contest that TPG will suffer immediate and irreparable harm if such relief is not granted. TPG will not release information it obtains from performing engineering or testing services to any party other than the party contracting for the services provided, unless ordered to do so by cognizant legal authority.

Acceptance of Documentation

TPG documents, including test reports, apply only to the specific projects and samples tested under stated test conditions and test results are not necessarily indicative of the qualities of apparently identical or similar test or operating conditions. TPG shall have no liability for any deductions, inferences or generalizations drawn by the client or others from TPG documents. If the Client requests verification of any part of the document, TPG shall be notified within thirty (30) days of submission of the document to the Client. Failure to notify within this thirty (30) day period acknowledges acceptance of the document. Should additional work be required for verification purposes, TPG shall be entitled to the reasonable value of the additional work involved providing the original findings are verified. Payment for any test program and applicable document shall not be contingent upon acceptance and/or approval of a third party.

Sample and Data Retention

Client data and test samples will be returned to Client within thirty (30) days after the date of the final report, unless the Client indicates otherwise in writing and prepays before the expiration of said thirty (30) day period the entire cost of any storing/archiving, packaging and shipping the sample(s) by TPG. TPG shall have no obligation to retain its test reports or related data and documents beyond its normal retention period of one (1) year of final report issuance date.

Transportation and Shipping

The Client shall be responsible for the transportation and any associated shipping costs of Client property to and from TPG.

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