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TERMS AND
CONDITIONS OF ACCESS TO AND USE OF WEB SITE ("TERMS OF
ACCESS")
This web site ("Site") is owned and operated by Pumper
Parts LLC (referred to as "Pumper Parts" herein,
having a place of business at 800 North Main Street, Mansfield, OH).
Please read these terms carefully before using this Site. All
access to and use of this Site is governed by these terms. Entering
this Site indicates that you have reviewed the Site Terms of
Access and assent to the terms set forth below. If you do not
agree to these terms, please do not use this Site.
Pumper Parts reserves the right to make changes to this Site
and the corresponding disclaimers, terms and conditions at any
time.
WARRANTY DISCLAIMER
All information provided on this Site is subject to change without
notice, including but not limited to the parts descriptions
and prices described on this Site. While Pumper Parts attempts
to include accurate and up-to-date information on the Site,
due in part to the open nature of the Internet and the potential
for errors in the transmission and storage of digital information,
Pumper Parts makes no warranties or representations as to the
accuracy of information on this Site. Pumper Parts assumes no
liability or responsibility for any errors, representations
or misrepresentations in the content of this Site.
ALL MATERIALS ON THIS SITE ARE PROVIDED "AS IS", WITH
PUMPER PARTS PROVIDING NO WARRANTIES EXPRESS OR IMPLIED. ALL
EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT
LIMITATION, THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE SELLER'S
WARRANTY OF TITLE AND AGAINST INFRINGEMENT, ARE EXPRESSLY DISCLAIMED
BY PUMPER PARTS TO THE FULLEST EXTENT PERMITTED BY LAW. PUMPER
PARTS DOES NOT WARRANT THAT FUNCTIONS CONTAINED ON THIS SITE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED,
OR THAT THIS SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
INTELLECTUAL PROPERTY
In accordance with the following provisions directed to specific
types of intellectual property, Pumper Parts hereby expressly
reserves any and all of its intellectual property rights relating
to this Site, including but not limited to such copyrights,
trademark rights, service mark rights, trade secret rights and
patent rights as may be associated with this Site.
TRADEMARKS AND/OR SERVICE MARKS
Pumper PartsTM is a trademark and service mark of Pumper Parts
LLC. All other marks that appear throughout the Site belong
to their respective owners and may be protected by United States
and/or international trademark laws. You are not permitted to
use of any of the marks appearing throughout this Site without
the express written consent of Pumper Parts LLC, or the owner
of the mark, as appropriate.
COPYRIGHTS
No material from this Site or any web site owned, operated,
licensed or controlled by Pumper Parts may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in
any way, except that you may download one copy of the materials
from this Site to any single computer and/or make a single printed
copy of these materials for your use in learning about, evaluating,
or acquiring Pumper Parts' services and/or products, provided
you keep intact all copyright, trademark, service mark and/or
other proprietary notices appearing on the Site. Modification
of the materials or use of the materials on this Site for any
other purpose is a violation of Pumper Parts copyright and other
proprietary rights and is a violation of the terms of this Agreement.
The use of materials contained within this Site on any other
web site or networked computer environment is prohibited.
LINKS
This Site may be linked (e.g., by hypertext) to sites not maintained
by Pumper Parts. Pumper Parts is not responsible for the content
of those sites. The inclusion of any link to such sites does
not imply endorsement, sponsorship, or recommendation of such
sites by Pumper Parts.
You are not permitted to embed a link to this Site in any other
site on the Internet, without the express written permission
of Pumper Parts. Further provided, that if you ignore this prohibition
on linking and provide a link to any Pumper Parts web page which
does not first require the user to review and accept the Pumper
Parts Terms of Access and Terms of Purchase as set forth on
this Site, you agree to indemnify Pumper Parts and hold it harmless
from any losses, claims, suits and any expenses of any kind
asserted by such user arising out of or in connection with such
user's access to this Site and /or any use or purchase by such
user of products obtained by such users from Pumper Parts or
any other claims arising out of such prohibited linking.
APPLICABLE LAW
These terms and conditions shall be construed, interpreted and
performed exclusively according to the laws, excluding conflict
of law rules of the State of Ohio, United States of
America. The provisions of the Uniform Commercial Code as adopted
by the State of Ohio, and not the United Nations Convention
on Contracts for the International Sale of Goods shall apply.
DISPUTE RESOLUTION
Actions by Pumper Parts for nonpayment by the Purchaser of the
purchase price for products sold by Pumper Parts, or for redress
of other breaches by the Purchaser of the Terms and Conditions
of Sale, may be brought by Pumper Parts, at its option, before
any judicial court of competent jurisdiction. At Pumper Parts'
option, disputes between the Purchaser and Pumper Parts, including
all claims of non-performance by Pumper Parts, and any other
disputes arising under this Agreement requiring a court of law
or equity shall be decided by state or federal courts having
venue within the State of Ohio.
PRICING & AVAILABILITY
Pricing and availability of the materials described at this
Site are subject to change at anytime.
CROSS-REFERENCE
Product cross-reference comparisons to original equipment manufacturer
parts that may appear in the information provided at this Site
does not imply that all Pumper Parts products compared are available,
or in the case of functional equivalency, that performance and
other characteristics are perfectly comparable. For critical
applications, it is your obligation and responsibility to carefully
confirm that the replacement parts you have ordered from Pumper
Parts are the correct replacement parts for your original equipment
manufacturer's pump and pumping application prior to purchase,
installation and use of any products provided by Pumper Parts
and Pumper Parts assumes no liability for your failure to do
so.
PRODUCT INFORMATION
Pumper Parts' ability to keep product information on this Site
accurate and up-to-date is limited by manufacturers and other
industry sources ability to timely provide such product information.
SUBMISSIONS
Any ideas, suggestions, concepts or other information whether
or not subject to intellectual property protection, including
but not limited to patent, trademark, service mark, trade secret,
and/or copyright protection (hereinafter "Submissions")
to Pumper Parts by users of this Site shall become the property
of Pumper Parts, and Pumper Parts shall not be required or obligated
in any way to treat or protect such Submissions as confidential.
SEPARABILITY
If any provision of these Terms of Access shall be deemed illegal
or unenforceable, such illegality or unenforceability shall
not affect the validity and enforceability of any other legal
provisions hereof which together shall then be construed as
if such illegal and unenforceable provision or provisions had
not been inserted herein, unless such illegality or unenforceability
shall destroy the underlying business purpose of these Terms
of Access.
237865_2.W.D.
Viewing of this page is subject to the terms and conditions
set forth in the Terms of Access and the Terms of Purchase
Pumper Parts and the Pumper Parts logo are registered trademarks
and service marks of Pumper Parts LLC. |
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