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Terms
and Conditions of Use
TERMS
AND CONDITIONS OF USE
By using our Site, you are agreeing to the following terms and conditions of use.
Please review the following terms and conditions carefully.
1.
Acceptance of Agreement. By using this Site, or accessing any information on this
Site, you agree to these terms and conditions of use. These terms and conditions
constitute the entire and only agreement between Pentair Pump Group and you. Any
and all prior or contemporaneous agreements, representations, warranties and understandings
with respect to your use of this Site or its content, and the subject matter of
this agreement, are specifically disclaimed. These terms and conditions may be
amended at any time by us without notice to you. The latest terms and conditions
will be posted on the Site. You should review this agreement prior to using the
Site.
2.
Copyright. The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and all other matters related to the Site, including
without limitation, the “look and feel” of this Site, are protected
under applicable copyrights and other proprietary (including but not limited to
intellectual property) rights and are the intellectual property of Pentair Pump
Group. The copying, redistribution, use or publication by you of any such matters
or any part of the Site, except as allowed by Paragraph 4, is strictly prohibited.
3.
Trademarks. All trademarks and tradenames used on this site, trademarks or registered
trademarks of Pentair Pump Group. The copying, redistribution, use or publication
by you of any such matters or any part of the Site, except as allowed by Paragraph
4, is strictly prohibited. Other product and company names mentioned on the Site
may be trademarks of their respective owners.
4.
Limited Right to Use. You may view, print or download any content, graphic, form
or document from the Site so long as such activity is for your own personal use.
You may not republish, distribute, assign, sublicense, sell, create a derivative
work or make other use of the content of this Site. No part of any content, form
or document may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical, other than for your personal use.
In no case may you resell or redistribute any such content or information.
5.
Editing, Deleting and Modification. We reserve the right in our sole discretion
to edit or delete any documents, information or other content appearing on the
Site.
6.
Indemnification. You agree to indemnify, defend and hold Pentair Pump Group, harmless
from any liability, loss, claim and expense, including reasonable attorney's fees,
related to your violation of this agreement or use of the Site, including the
violation of any copyright or trademark.
7.
Disclaimer of Liability.
a. THE INFORMATION PROVIDED FROM OR THROUGH THIS SITE IS PROVIDED "AS IS,"
"AS AVAILABLE," AND ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION PROVIDED AT THIS SITE MAY
CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. PENTAIR PUMP GROUP SHALL HAVE NO
LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION PROVIDED AT THIS SITE. IN
NO CASE SHALL THE PROVISION OF ANY INFORMATION TO YOU BY THIS SITE CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
b.
PENTAIR PUMP GROUP NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF MATERIALS
DISPLAYED ON THE SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES NOT OWNED BY OR
AFFILIATED WITH PENTAIR PUMP GROUP.
c.
PENTAIR PUMP GROUP WILL NOT BE LIABLE TO YOU FOR ANY LOSS, CLAIM OR DAMAGES OF
ANY KIND, INCLUDING WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE THAT RESULTS FROM YOUR USE OF OR INABILITY
TO USE OUR SITE. FURTHER, AND WITHOUT LIMITATION, PENTAIR PUMP GROUP ASSUMES NO
RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING
WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED
BY VIRUSES THAT INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF
YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
d.
YOU ACKNOWLEDGE THAT THIS SITE AND THE INFORMATION PROVIDED AT THIS SITE WOULD
NOT BE PROVIDED WITHOUT THE FOREGOING DISCLAIMERS AND LIMITATIONS.
8.
Limitations on Information. All standards, specifications, technical discussions,
and reports included on this web site are advisory only. Reliance on the contents
of this Site for any purpose by you is at your sole risk. In compiling this web
site, Pentair Pump Group has made a determined effort to present its contents
accurately. Pentair Pump Group is not responsible, however, for any claim traceable
to any errors (typographical or otherwise) as contained herein.
9.
Use of Information Provided by the User. We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses by you and
all information provided by you in any manner consistent with our Privacy Policy.
Further, any communication or material you transmit to the Site by electronic
mail or otherwise, including any data, questions, comments, suggestions, or like
is and will be treated as non-confidential and non-proprietary. Anything you transmit
or post may be used by Pentair Pump Group or its affiliates for any purpose including,
but not limited to, reproduction, disclosure, transmission, publication, broadcast,
and posting. Furthermore, Pentair Pump Group is free to use any ideas, concepts,
know-how, or techniques, contained in any communication you send to the Site for
any purpose whatsoever, including but not limited to developing, manufacturing,
and marketing products using such information.
10.
Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part
of these terms and conditions of use. Pentair Pump Group will not be liable to
you for any damages, including without limitation, indirect, special, incidental,
or consequential damages, that may result from any violation of the Privacy Policy.
11.
Links to Other Web Sites. The Site contains links to other web sites. We are not
responsible for the content, accuracy or opinions expressed in such web sites,
and Pentair Pump Group has not investigated, monitored or checked for accuracy
or completeness of any of these sites. Inclusion of any linked web site on our
Site does not imply approval or endorsement of the linked web site by us. If you
decide to leave our Site and access these third-party sites, you do so at your
own risk.
12.
Copyrights and Copyright Agents. We respect the intellectual property of others,
and we ask you to do the same. If you believe that your work has been copied in
a way that constitutes copyright infringement, please provide our Copyright Agent
the following information:
(a)
An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; (b) Description of the copyrighted work
that you claim has been infringed; (c) A description of where the material that
you claim is infringing is located on the Site; (d) Your address, telephone number,
and email address; (e) A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the law;
and (f) A statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright owner or authorized
to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on the Site
is Mark C. Terzola, who can be reached as follows:
By
mail:
Mark C. Terzola
Roetzel & Andress
222 South Main Street, Suite 400
Akron, Ohio 44308
By phone: (330) 376-2700
By email: mterzola@ralaw.com
13.
Information and Press Releases. The Site contains information about us. While
this information was believed to be accurate as of the date prepared, we disclaim
any duty or obligation to update this information or any press releases. Information
about companies other than ours contained in the press release or otherwise, should
not be relied upon as being provided or endorsed by us.
14.
Miscellaneous. a. This Agreement shall be treated as though it were executed and
performed in Summit County, Ohio, and shall be governed by and construed in accordance
with the laws of the State of Ohio (without regard to conflict of law principles).
Any cause of action by you with respect to the Site (and/or any information, products
or services related thereto) must be instituted within one (1) year after the
cause of action arose or be forever waived and barred and all actions shall be
subject to the limitations set forth in these terms and conditions of use. b.
The language in this Agreement shall be interpreted as to its fair meaning and
not strictly for or against either party. c. All legal proceedings arising out
of or in connection with this Agreement shall be brought solely in state or federal
courts located in Summit County, Ohio. You expressly submit to the exclusive jurisdiction
of said courts and consent to extra-territorial service of process. d. Should
any part of this Agreement be held invalid or unenforceable, the remaining portions
of this agreement shall remain in full force and effect. e. To the extent that
anything in or associated with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall control. f. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision nor of the right
to enforce such provision.
We
hope that you enjoy your visit and find our web site informative.
© 2001 Pentair Pump Group
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