TERMS AND CONDITIONS OF USE

T K GROUP, INC., a Delaware Corporation

, provides this Website, as that term is defined below, on the express condition that you adhere to the following terms and conditions:

1. Provider of Products.

   The products, information or services referred to as the ("Product" or "Products") available via this website (the "Website") are provided by T K Group, Inc. T K Group, Inc. is referred to in this Agreement as "We", "Us", and "Our." You, the person visiting and utilizing this Website, are referred to as "You" and "Yours".

2. Definition of "Website."

   As used in this document, the term "Website" shall mean and refer to all computer files, content and portions thereof, including without limitation all executable files, text files, HTML files, CGI scripts, images and graphics, and any other computer files which may be viewed, linked together or downloaded as a single interactive unit, and accessed by the general public using the domain name "www.tkontheweb.com," or some derivative thereof.

3. Use Conditioned Upon Acceptance.

   As a condition to Our allowing You to use this Website, You must agree to these Terms and Conditions of use. If You do not agree to the Terms and Conditions set forth in this document, You may not use this Website.

4. Proprietary Material.

   All content, text, graphics, surveys, checklists and other information You find on or within the Website are the property of TKG. You may not copy, distribute or create derivative works based upon any such material without the express written permission of TKG. Notwithstanding the foregoing, you may download and store one copy of such materials in the normal course of browsing the Website using software specifically designed for that purpose.

5. Consent.

   We must receive your authorized user name and password and other information in order to provide access to this website to You. You authorize us to gain access to Your employee's file and to exchange information about Your employee between us in order to provide the Products to You.

6. Your Responsibilities.

   By registering on this Website, You certify that You are eighteen (18) years of age or older and that you are the duly authorized representative of the employer to whom access is permitted, entrusted with the authority to view this information regarding the employees of such employer. The Website and Products are not intended for minors. You agree to treat Your user identification ("User ID"), password and/or personal identification number "(PIN") created for this Website as strictly confidential and not to share them with other persons or display them so that others have access to them. We are not responsible if third parties access the Products by using Your User ID, password, or PIN. You agree to promptly notify Us if You believe someone else has obtained access to Your User ID, password or PIN.

7. Changes We Make.

   We may change the price for the Products at any time and You will be charged such new prices for all future purchases or renewals of Products. We may revise, amend and update this Agreement at any time. If We amend, revise or update this Website or these Terms and Conditions, you may be required to again "accept" the terms and conditions as are then in effect before gaining access to this Website and the information contained within. It is Your responsibility to review this Agreement prior to each use of the Website and by continuing to use this Website, You agree to those changes. We may also change any feature or component of the Products or the Website at any time, or cancel this Agreement and/or any Product at any time, for any reason.

8. Employer Use Only.

   You may access information from this Website only on behalf of the authorized employer. Personal use of this Website is forbidden. It is illegal to request personal health information about anyone else. When You log in as an authorized user, We grant You the right to use the Products and the related information only to assist You in monitoring, and understanding Your employees' audiometric tests and related health issues, and making related decisions, for the employer's benefit. You agree that You will not use the Products or the related information for any other purpose, and especially not in an unlawful manner. The Products are not intended to serve as medical advice of any kind.

9. Payment.

   You agree to pay for the Products in U.S. dollars. We will charge You any applicable sales, excise or similar taxes as required by law.

10. Website Access and Use.

    We may refuse to accept any registration for any reason. You agree that We will not be liable to You for loss or damage that may result from Our refusal to register You or allow You further access on this Website. You will be responsible for providing and installing all hardware and software necessary to access this Website. You agree that You will not use any robot, spider or other similar device to monitor or copy any pages of this Website or any content or information accessible through this Website. You agree that You will not use any device, software or routine to interfere with the proper operations of this Website.

11. No Guarantee of Product.

    Because of the nature of Internet and online communications, this Website or the Products may not perform as intended despite Our efforts, those of Your Internet service provider, and You. We do not guarantee uninterrupted or error free operation of this Website. It is possible that a third party could gain unauthorized access to the information that is made available on this Website or is transmitted including Your employees' personal information. We will use reasonable efforts to maintain operation of the Website and availability of the Products at all times. If there is a system error, and You notify Us of the same, We will try to correct the error. You will not be entitled to any money for any system error of any type.

12. Fixed Term Subscription Products.

    If You purchase access for this Website that continues for a fixed period of time, (a "Subscription Product"), the Product will be provided to You for an initial subscription period. Continuing access after the initial Subscription Period will have to be agreed to offline by contacting Us for additional information on terms and conditions.

13. Ownership.

    This Website contains copyrighted material and any information that You retrieve is copyrighted by its owners. You may not remove, alter or cover any copyright or other proprietary notices placed on this Website or on products and related materials acquired through this Website. We, collectively or individually, retain ownership of all intellectual property rights in this Website including without limitation any information, materials, text, graphics, images, logos, Website design, and the selection, assembly, and arrangement of the Website ("Content"). The Content may not be copied, distributed, displayed, modified, reproduced, performed, published or reverse engineered in whole or in part without Our prior written permission.

14. Limited Cancellation Policy.

    You will not be entitled to a refund because You do not agree with the information We provide to You in any Product. If You have a question or problem with any Product, please contact our Customer Care department at (815) 964-5445.

15. Question About Your Employee's Information.

    Any questions about audiometric tests of your employees may be directed to Us at (815) 964-5445.

16. NO WARRANTY; LIMITATION OF LIABILITY.

    WE HAVE NO REASON TO BELIEVE THAT ERRORS EXIST IN THE PRODUCTS FURNISHED HEREUNDER. NEITHER WE, NOR ANY OF OUR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS OR AFFILIATED COMPANIES ("AFFILIATED PERSONS") WARRANTS THE CORRECTNESS, COMPLETENESS, CURRENTNESS, OR ANY OTHER ASPECT OF ANY PRODUCT OR INFORMATION CONTAINED IN ANY PRODUCT IN ANY WAY. THE PRODUCTS ARE PROVIDED "AS IS", AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE. NEITHER WE NOR ANY OF OUR AFFILIATED PERSONS WILL BE LIABLE TO YOU FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED, IN WHOLE OR IN PART, BY ANY NEGLIGENT ACTS OR OMISSIONS OF ANY SUCH PERSON IN PREPARING, REPORTING OR DELIVERING THE PRODUCTS, PROVIDING AUTHENTICATION SERVICES, OR IN DOING ANYTHING RELATED THERETO. NEITHER WE NOR THE AFFILIATED PERSONS WILL BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR OPPORTUNITIES, BUSINESS INTERRUPTION AND LOSS OF PROGRAMS OR DATA) IN CONNECTION WITH YOUR USE OF THIS WEBSITE, ANY USE OR RELIANCE UPON INFORMATION FOUND AT THIS WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT APPLICABLE LAW DISALLOWS ANY DISCLAIMERS OR LIMITATIONS IN THIS AGREEMENT, SUCH DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

17. LIMITATION OF LIABILITY; NOTICE OF CLAIMS.

    IF, NOTWITHSTANDING THE FOREGOING PARAGRAPH, ANY AFFILIATED PERSON IS HELD TO BE LIABLE TO YOU, THE AMOUNT OF SUCH LIABILITY SHALL NOT EXCEED THE LESSER OF (I) THE SUM OF TWENTY DOLLARS ($20.00) OR (II) THE AMOUNTS PAID BY YOU UNDER THIS AGREEMENT, IN THE TWELVE MONTHS PRECEDING THE CLAIM, FOR THE SPECIFIC PRODUCTS GIVING RISE TO THE CLAIM. IF YOU DESIRE TO MAKE A CLAIM AGAINST ANY AFFILIATED PERSON IN RELATION TO THIS AGREEMENT OR A PRODUCT, YOU MUST GIVE THE APPLICABLE PARTY NOTICE OF THE CLAIM WITHIN THREE (3) MONTHS OF BECOMING AWARE OF THE CIRCUMSTANCES GIVING RISE TO THE CLAIM OR, IF EARLIER, THREE (3) MONTHS FROM THE TIME YOU SHOULD REASONABLY HAVE BECOME AWARE OF SUCH CIRCUMSTANCES. IF YOU DO NOT, NO AFFILIATED PERSON WILL BE LIABLE TO YOU FOR THE CLAIM.

18. Indemnification.

    You will indemnify and hold Us and the Affiliated Persons harmless from and against demands, damages, claims, actual loss, costs, liabilities and expenses (including Our reasonable attorneys' fees and costs) resulting from Your breach of this Agreement, the unauthorized use of Your User Name and Password, Your use of this Website or any Product or information contained in this Website, or Your infringement of any intellectual property or other right of any person or entity. In the event a claim, demand, suit, or loss is made against Us relating to this right of indemnification, We shall promptly notify You of such claim and will request that defense by you be offered to Us. Should You fail to tender adequate defense of such claim, loss, or demand, we shall retain our own defense at Your cost and expense.

19. Entire Agreement Between Us.

    These Terms of Use constitute the entire agreement between You and Us regarding the Products and information contained on or acquired through this Website, including through all other linked third party Internet websites. This Agreement takes effect on Your first use of this Website, and it applies to all persons accessing the Website from Your computer, and to all persons using Your User ID, password, or PIN. In the event that multiple translations of this Agreement exist, the English language version shall control. If any provision of this Agreement is held invalid, unenforceable or void by applicable laws, the remaining portions shall continue in full force and effect. You may not assign this Agreement or the Product to someone else. Unless explicitly stated, the provisions contained in Paragraphs 9 (Employer Use Only), 14 (Ownership), 17 (No Warranty; Limitation of Liability), 18 (Limitation of Liability; Notice of Claims), 19 (Indemnification) and this paragraph will survive termination of Your access to and use of the Products and the information contained on this Website. The Suppliers are third party beneficiaries under this Agreement.

20. Applicable Law and Jurisdiction.

    This Agreement shall be governed by the laws of the State of Illinois, USA, without regard to conflict of law rules. Any claims, disputes or other controversies relating to or arising from this Agreement or Your use of the Products or this Website or any information You receive from Us shall be brought only in a United States District Court located in Rockford, Illinois, or in any court within the Illinois State Court System located in Winnebago County, Illinois and You hereby expressly consent to the exercise over You by such courts. To the fullest extent permitted by the applicable law, each party to this Agreement waives its, his or her right to a jury trial with respect to any action brought under or in connection with this Agreement.

21. Headings.

    The headings used in this Agreement are for convenience only and such headings are not to be used in determining the meaning or interpretation of these terms and conditions of use. You acknowledge that the provisions, disclosures and disclaimers set forth in this Agreement are fair and reasonable and Your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon You by any person or entity. You agree that this Agreement is not intended to and does not confer any rights on any persons other than Us and You.

22. Warranties and Representations.

    In order to view this information, you agree to the following:
    1. You may only use and disclose Personal Health Information (hereafter referred to as "PHI") received about your employees as permitted or required by the terms of the underlying agreements between You and Us ("Underlying Agreements"), or as required by law.
    2. You shall use appropriate safeguards to prevent use or disclosure of PHI other than as provided for by the terms of the Underlying Agreements. The term "appropriate safeguards" shall have the meaning ascribed to it from time to time by the Privacy Regulations and any administrative or judicial interpretations thereof.
    3. You shall report to Us any use or disclosure of PHI not provided for by the Underlying Agreements of which You become aware.
    4. You shall ensure that any agents, including subcontractors, to whom You provide PHI received from Us, or created or received by You from Us or on Our behalf, agree to the same restrictions and conditions that apply to You with respect to such information.
    5. You shall make PHI available in accordance with Section 164.524 of the Privacy Regulations.
    6. You shall make PHI available for amendment and incorporate any amendments to PHI in accordance with Section 164.526 of the Privacy Regulations.
    7. You shall make available the information required to provide an accounting of disclosures in accordance with Section 164.528 of the Privacy Regulations.
    8. You shall make Your internal practices, books, and records relating to the use and disclosure of PHI received from Us, or created or received by You from Us or on Our behalf, available to the Secretary of the Department of Health and Human Services for purposes of determining Our compliance with the Privacy Regulations, if applicable.
    9. Upon termination of the Underlying Agreements, if feasible, You shall return or destroy all PHI received from Us, or created or received by You from Us or on Our behalf, that You still maintain in any form and retain no copies of such information or, if such return or destruction is not feasible, extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruction of the information infeasible.
    10. To the extent applicable, You shall work together with Us to continually monitor changes to, and administrative or judicial interpretations of, the Health Insurance Portability and Accountability Act of 1996, including all administrative simplification regulations promulgated thereunder (HIPAA Provisions), and shall negotiate in good faith to amend this Agreement, the Underlying Agreements or their performance thereof as necessary to ensure that they fully comply with the HIPAA Provisions at all times.
    11. Notwithstanding any other provision in the Underlying Agreements to the contrary, We may terminate the Underlying Agreements if it is determined that You have violated a material term of this Agreement.

Thank you for choosing T K Group, Inc. for your hearing conservation needs.