Arrow Motor & Pump, Inc. Website Use Agreement
Types of Users
Any person accessing, browsing, or otherwise using the “Site” (hereinafter “Site”), either manually or via an automated device or program, shall be deemed a "User" (hereinafter “User”) under this Website Use Agreement (hereinafter "Agreement" or “WUA”).
Use of the Site
Arrow Motor & Pump Inc., Its Subsidiaries and DBA’s (hereinafter “Host”) cannot and do not guarantee that the Site will be free of infection from viruses that could damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. User is responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Host provides access to its Sites subject to Users acceptance of this Agreement and Hosts Standard Terms and Conditions (hereinafter “Terms”). By accessing, browsing, framing, using and/or linking to the site, you become a user (defined herein) and agree to be bound by the terms of this Agreement. When using a particular feature of the site, you may also be subject to any posted guidelines, rules, terms of service, privacy policies, or other contractual provision as noted. In the event of a conflict between any other agreement, rule, policies, or terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this user Agreement please contact Host before using the site.
User Account Obligations
In consideration of use of the Site, User agrees to: (i) provide accurate and current information about yourself as prompted when creating an Account (hereinafter “Account”) during the registration process; (ii) maintain and update the Account information to keep it accurate and current; (iii) for maintaining the confidentiality of their Account information; and (iv) notify Host immediately of any unauthorized use of Account Information or any other breach of security. If User provides any information that is untrue, inaccurate, not current or incomplete, or Host has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Host may, at its sole discretion, suspend or terminate User’s account and decline to permit User’s continued use of the Site and future access to the Site.
User assumes total responsibility and risk for your use of the Site and the internet. User acknowledges any uploads or transmissions made may be intercepted and used by an unauthorized third party. Accordingly, User is solely responsible for all of the risk associated with your use of the Site. User is fully responsible for all activities that occur under their Account. User agrees that your Account Information may be used to attribute an electronic record and electronic signature. Therefore, User shall not disclose Account Information to third parties. User agrees. Host shall not, in any manner, be responsible or liable for fraudulent purchases that are made using User’s compromised Account Information.
The Host periodically schedules system downtime for maintenance and other purposes. In addition, unplanned system outages also may occur. Host shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, delivery error, or non-delivery of information caused by such system outages. Also, Host shall not have any responsibility for any third party acts or any other outages of web hosting providers or the Internet infrastructure and network external to the Site.
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, and other information (hereinafter "Content") is the property of Host and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. User may print and download portions of the Content from the different areas of the Site solely for your personal non-commercial use. No portion of the Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Host. User may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works with respect to the Site. Certain Content may be licensed from third parties and all such third party Content and all intellectual property rights related to the third party Content belong to the respective third parties. User may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by Host. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Host or any third party. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or rights under any Host copyright.
Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Host policy regarding copyright infringement and Host designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below: Host respects the intellectual property rights of others and requires Users to do the same. Host may, in appropriate circumstances and at its discretion, remove or disable access to material on Site that infringes upon the copyright rights of others. Host also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any User of the Site infringes on others copyrights, Host may, in its sole discretion, terminate those Users' rights to use Site. If User believes that their work has been used within this Site in any manner that constitutes copyright infringement they are to provide written notice to the Site Administrator.
Limitation of Liability
Under no circumstances shall Host or any other party involved in creating, producing, or distributing the Site or providing products or services through the Site be liable for any direct, indirect, incidental, special, or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if Host has been advised of the possibility of such damages) that result from (i) the use of or inability to use the Site (ii) the cost of procurement of substitute merchandise and services resulting from any merchandise, data, content or services purchased or obtained or transactions entered into through or from the Site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements, warranties, guarantees or conduct of Host or any third party on the Site, including but not limited to statements about the use or functionality of any merchandise purchased through the Site; or (v) any other matter relating to the Site. User hereby acknowledges that this Limitation of Liability shall apply to all Content, merchandise, and services available through the Site. In no event shall Host’s total cumulative liability under these terms exceed the lesser amount of any fees paid to Host for the use of the Site by User, or $1.00. Because some states may not allow the exclusion or Limitation of Liability for consequential or incidental damages, in such states liability is limited to the least amount permitted by law. The Limitations of Liability provided in this agreement inure to the benefit of Host, Host’s affiliates, and to all of Host’s respective officers, directors, employees, attorneys and agents.
No Endorsement of Content and Links to Other Web Sites
Links, if any, to other sites are provided as merely a convenience to the Users of this Site. Host has not reviewed these linked sites; has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from any such content. Host does not endorse or make any representations about these sites or any information or other products or materials found there, or any results that may be obtained from using them. If User decides to access any of these other sites linked to this Site, they do so entirely at their own risk.
Host makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal in certain countries or for certain persons. If User accesses the Site from outside of the United States User does so at their own risk. User is responsible for compliance with the laws of their jurisdiction.
Acceptable and Lawful Use of the Site
Any information provided to Host in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, or other mean computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for Host or cause Host to lose the services of our Internet service providers or other suppliers. User may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site, including but not limited to unsolicited e-mail.
Severability, Assignment and Third Party Beneficiary Rights
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Host, at any time or times, to require performance of any provision hereof shall in no manner affect Host right at a later time to enforce such provision. No delay or failure by Host in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. User may not assign their rights or delegate their responsibilities hereunder without the express written permission of Host. Host may, at any time, assign its rights or delegate its obligations hereunder without notice to User. No person not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Host and User pertaining to the subject matter hereof.
Updates and Modifications
In its sole discretion, Host may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified Terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified Terms. Host reserves the right to delete, modify or supplement the Content of this Site at any time for any reason without notification to anyone.
Host may immediately issue a warning, suspend or terminate User’s access to the Site for breach of this Agreement (or any other agreement or policy incorporated by reference herein), or if Host are unable to verify or authenticate any information you provide to us, or for any other reason in our discretion. User may terminate your account by contacting Host directly.