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General Terms of Use
Attention: Please Read These Terms, Conditions And Legal Restrictions
Carefully Before Using This Website. By accessing, viewing, using, or
downloading materials from the Website, 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 Website. This Website is owned
and operated by the Union Pump Company (hereinafter called “Company”).
1. Binding Agreement
Use of this Website is available only to those users who are in compliance
and agreement with these terms and conditions of useWebsite Please note
that by accessing, viewing, using, or downloading materials from the
Website, you agree to be legally bound by all of the terms, conditions
and notices contained or referenced herein.
2. License and Website Access
Subject to these terms and conditions and all applicable laws and regulations,
the Company grants you a non-exclusive, non-transferable, personal,
limited license to download, access, view, use and display this Website
and the text, graphics, content, information, audio, video and other services
(the "Materials"),
which the Company makes available to you from time to time on the terms
and conditions set forth in this Agreement. This authorization is not
a transfer of title to the Website or the Materials contained herein, and
any downloading, modification, reproduction, copying or redistribution
for commercial purposes of any information or Materials or design elements
of the Website is strictly prohibited without the prior written consent
of the Company. Requests for permission to reproduce any information
contained on this Website should be addressed to the Company at cdorett@unionpump.textron.com.
Notwithstanding the above, the Company authorizes you to make one (1)
electronic or paper copy of the information posted on any page of the
Website, 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, Website marks, and other proprietary notices
and legends contained on the Website.
This license does not include the right to modify this Website, or any
portion of it, except with the express written consent of the Company.
Any resale or commercial use of this Website or its contents; any collection
and use of any product or service listings, descriptions, or prices;
any derivative use of this Website 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.
You agree to all additional restrictions displayed on the Website as
it may be updated from time to time. You agree to use this Website 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 Company 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. Ownership
You have no ownership rights in the Website or in the Materials. Rather,
you have a license to download, access, view, use and display this Website
and the Materials as long as this Agreement remains in full force and
effect. Unless otherwise noted, ownership of the Website and the Materials
and all intellectual property rights therein shall remain at all times
with the Company or their respective owners.
4. Your Account and Registered Users
You may be required to register in order to access the Website or certain
portions of the Website. If the Website or certain portions of the Website
require you to register, you must complete the registration process
by providing the Company with current, complete and accurate information
about yourself as prompted by the applicable registration form.
If you are required to register in order to access the Website or certain
portions of the Website, you may be provided with, or you may choose,
a password and a user name. If you are a registered user of this Website,
you are responsible for maintaining the confidentiality of your account
and password. If you use this Website, you are responsible for restricting
access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You agree to
notify the Company immediately of any unauthorized use of your account
or any other breach of security. The Company reserves the right to refuse
service, terminate accounts, or remove or edit content in its sole discretion.
5. Security
In addition to the issuance of a password for registered users, the
Company maintains numerous security standards and procedures to help
prevent unauthorized access to any confidential information about you which
may be collected by us or submitted by you. You may learn more about the
Company's security procedures and the Company's privacy practices by viewing
our privacy policy.
6. General Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
THE WEBSITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE
MADE AVAILABLE ON THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR
FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE
EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES
MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. THE COMPANY DOES NOT
WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED
OR DISTRIBUTED ON THIS WEBSITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY
OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED
OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE BY THE USE OF THIS
WEBSITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT, ADVICE, STATEMENT,
ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY
OF THE MATERIALS. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY, AND
SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS
THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT
OF YOUR ACCESS TO, USE, OR BROWSING OF THE WEBSITE (INCLUDING ANY BULLETIN
BOARD OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE WEBSITE.
THE MATERIALS INCLUDED IN THE WEBSITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT
ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE. THE COMPANY MAY
MAKE ANY OTHER CHANGES TO THE WEBSITE, THE MATERIALS AND THE PRODUCTS,
PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE WEBSITE AT ANY
TIME WITHOUT NOTICE.
7. Links to Affiliate or Third-Party Websites
The Company may provide on this Website, solely as a convenience to
its users, links to websites operated by our affiliates or other entities.
If you use these websites, you will leave this Website. If you decide
to visit any linked website, 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 Company does not make any warranty or
representation regarding, or endorse or otherwise sponsor, any linked websites
or the information appearing thereon or any of the products or services
described thereon.
8. Third-Party Content
Any information, statements, opinions, services or other information
provided by third parties and made available on this Website are those
of the respective author(s) and not the Company.
9. Deep Linking and Framing
You are prohibited from reproducing or "framing" pages or content
provided by the Company or its affiliates. Subject to the provisions
of paragraph 9, you may link to internal pages within this Website, provided
that you do not copy or frame the content found there.
In no case does the Company approve any links which, by their appearance,
content, position or otherwise, create the false impression that the
Company sponsors, endorses or is associated with the entity operating
any third-party Website ("the External Website") or the products
or services offered by the External Website operator. In no case does the
Company approve any links which the Company believes damages or impairs
the goodwill associated with the name, logos, trademarks, service marks,
copyrights or trade names of the Company or any of its affiliates. The
Company reserves the right to revoke its approval to link or change terms
or conditions of its approval to link at any time in its sole discretion.
10. Children
Because of the nature of the Company's business, and its products and
services, this Website is not intended for use by minors and the Company
does not knowingly attempt to solicit or receive any information from
children. These terms and conditions of use require that use of this
Website, or any registration that might be required to access this Website
or portions of this Website, or to purchase or license products or services,
may only be made by those over the age of 18 and that any products or services
purchased or licensed may only be done by those over the age of 18.
By using this Website, you are representing that you are an adult (at least
18 years of age) or have the permission of a parent or legal guardian
to use the Website.
11. Unsolicited Information Provided by You
The Company does not want you to, and you should not, send any confidential
or proprietary information to the Company through this Website unless
specifically requested by the Company. Please note that any unsolicited
information or material sent to the Company will be deemed not to be
confidential or proprietary. By submitting information and material to
this Website, you grant to the Company (or warrant that the owner of such
information and material has expressly granted to the Company) a royalty-free,
perpetual, irrevocable, 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 Company is free to use any ideas,
concepts, know-how or techniques that you send for any purpose.
The Company does not want to receive, and you are deemed to agree through
the use of this Website not to provide, any information or materials
to the Company that are defamatory, threatening, obscene, harassing,
in violation of any law, governmental requirements or otherwise unlawful,
or that incorporate the proprietary information or materials of another
person or entity. If you provide any such information, it is agreed
that you are solely responsible and liable for any damages or other harm
resulting from such submission.
12. Notice of Copyright Infringement, Trademark and Website Mark Rights
This
Website, 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 Website 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 Company
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 Company or of any third party.
All Website design, text, graphics and the selection and arrangement
thereof, are the property of the Company.
All rights in the product names, company names, trademarks, trade names,
Website marks, logos, product packaging and designs of the Company or
third party products or web Websites ("Company Marks"), whether
or not appearing in large print or with the trademark symbol, belong
exclusively to the Company or their respective owners and are protected
under national and international trademark and copyright laws. Users are
not permitted to use the Company Marks without the prior express written
consent of the owner of such mark.
You shall not upload, post or otherwise make available on this Website
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.
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
Website in a way that constitutes copyright infringement, please provide
the Copyright Agent (as identified below) with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Website
that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address
if available, so that the Company may contact you if necessary;
(d) 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;
(e) 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
(f) 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 Website can be reached at rhammond@unionpump.textron.com.
If the Company is notified of any claims of copyright infringement on
the Website, 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 Company has no liability or responsibility to
users for performance or nonperformance of such activities.
13. Limitation of Liability
YOUR USE AND BROWSING OF THE WEBSITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED
WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN
THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE WEBSITE AND/OR
TO DISCONTINUE ACCESSING AND USING THE WEBSITE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS SUPPLIERS OR OTHER THIRD
PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THIS WEBSITE 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 WEBSITE
OR THE MATERIALS, ANY WEBSITES LINKED TO THIS WEBSITE, OR ANY MATERIALS
CONTAINED AT ANY OR ALL SUCH WEBSITES (INCLUDING BUT NOT LIMITED TO THOSE
CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION;
LINKING TO OTHER WEB WEBSITES; 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 COMPANY WAS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS,
OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
14. Purchase or License of Products or Services
If the purchase or licensing of products or services is available on
this Website and you seek to make a purchase or establish a license through
this Website, the obligations and responsibilities of the Company regarding
its products and services, if any, are governed solely by the terms and
conditions of sale or license under which such products and services are
sold or licensed. Copies of such terms and conditions are available directly
from the Company.
15. Changes
All content contained herein is subject to change without notice, but
the Company has no responsibility to update any information on this Website.
The Company reserves the right to change or modify the terms and conditions
applicable to the use of this Website 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 Website. Any
use of the Website after such change or modification shall be deemed to
constitute acceptance by you of such changes, modifications, additions,
or deletions. Because they will be binding on you, you should revisit these
terms from time to time. The Company may terminate, change, suspend or
discontinue any aspect of the Website, including the availability of any
features of the Website, at any time. The Company may also impose limits
on certain features and services or restrict your access to parts of the
Website without notice or liability.
16. Termination
This Agreement and the licenses granted herein will terminate automatically
and without notice if you fail to comply with any term or condition of
this Agreement; provided, however, that all provisions relating to disclaimers,
limitation of liability, copyright, trademarks and other proprietary rights
of the Company shall survive the termination of this Agreement.
17. International Users and Export Restrictions
This Website is hosted at a location in the United States of America.
The Company does not make any representation that all products, services
or programs, if any, are available in your country or that materials published
at this Website are appropriate or legally available for use at locations
outside of the United States.. Access to such materials from territories
where their contents are illegal is prohibited. You may not use the Website
or transfer, download or use any information or materials in violation
of U. S. aw and regulation, including those relating to export controls.
This Agreement is expressly made subject to any laws, regulations, orders,
or other restrictions on the export from the United States of the Materials
or information about theMaterials that may be imposed from time to time
by the government of the United States. You shall not export Materials
or information about the Materials without the consent of the Company and
compliance with such laws, regulations, orders or other restrictions. If
you access the Website from a location outside of the United States, you
are responsible for compliance with all local laws. By your use of this
Website, you represent and warrant to the Company that you are in compliance
with all laws applicable to your use of this Website.
18. Choice of Law and Forum
These terms and conditions of use and any dispute between you and the
Company arising out of or related to this Agreement or your use of this
Website (the "Disputes") shall be construed, interpreted and
governed by the laws of the State of Michigan, U.S.A., without giving effect
to its conflict of laws provisions. The state and federal courts located
in Michigan shall have primary and exclusive jurisdiction and be the exclusive
venue for the Disputes and you consent to the personal and exclusive jurisdiction
and venue of these courts in connection with the Disputes. You must commence
any claim or cause of action that you may have with respect to the Disputes
by filing only in these courts within one (1) year after the claim or cause
of action arises. The Company may file any claim or cause of action which
it has within the time limits established for such claim by the laws of
Delaware.
19. Entire Agreement
These terms and conditions shall constitute the entire agreement between
the Company and you and supersedes any previous oral, written or electronic
communications or documents with respect to the subject matter herein.
If any part of this Agreement is found invalid or unenforceable by a court
of competent jurisdiction, that provision shall be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the remainder
of this Agreement shall continue in full force and effect.
20. Transfer Restrictions
You shall not sublicense, transfer or assign this Agreement or any of
the rights or licenses granted under this Agreement. Any attempted transfer
in violation of the foregoing is void.
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