Terms and Conditions of Use
SPECK-PUMPS.COM - TERMS AND CONDITIONS OF USE
Last updated: February 12, 2013
IMPORTANT! PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE (“THE SITE” OR “THIS SITE”). THESE TERMS AND CONDITIONS GOVERN YOUR USE OF THIS SITE AND CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND SPECK PUMPS-POOL PRODUCTS, INC., A DELAWARE CORPORATION (“THE COMPANY”).
The terms “we”, “us”, “our” and “ours” when used in these Terms and Conditions mean the Company and its parents, subsidiaries, divisions, branches, or affiliates.
1. Acceptance of Terms and Conditions. By using this Site, or accessing any information on this Site, you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, do not use the Site or download any materials from the Site. This Site is a business and commercial site, and as such, it is not intended for children or minors. These Terms and Conditions form a legally binding agreement between you and the Company and constitute the complete, entire and only agreement between the Company and you regarding your use of this Site. 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use of this Site or its Content, and the subject matter of these Terms and Conditions, are specifically disclaimed and superseded by these Terms and Conditions. For purposes of these Terms and Conditions, the term “Content” shall include all material, data, information, content, web pages, screen displays, pictures, photographs, graphics, images, product descriptions, product names, product and part numbers, page layouts and designs, downloaded information, HTML code, programming and applications and any other content accessible from this Site, and any other website owned, operated, licensed, or controlled by the Company. These Terms and Conditions will be updated periodically and you should review these Terms and Conditions prior to using this Site, and again from time to time when you return to this Site. These Terms and Conditions may be amended at any time by us without notice to you, and your use of this Site shall be subject to the Terms and Conditions then posted on-line and in-effect at the time. If you cannot access these Terms and Conditions via the Internet, we can provide a copy of the most recent Terms and Conditions by e-mail upon request.
ACCESS TO THIS SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
2. Website and Content Ownership. The Content, text, organization, selection and arrangement of elements, 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, and all right, title, and interest thereto are protected under applicable copyrights, trademarks, and other proprietary rights and are our property or are included with the permission of the rights owner and are protected pursuant to copyright and trademark laws. The Company is the sole and exclusive owner of (collectively, the “Intellectual Property”): (a) the Content; (b) all trademarks, service marks, trade dress, trade names, words, names, slogans, logos and other indicia used by the Company in connection with this Site or its business and its products and services and the goodwill associated therewith including, without limitation, the Company’s name and the names of each of its products and its product and part numbers; and (c) all copyright, trademark, service mark, patent, trade secret and other intellectual property rights in and to the items listed in subsections (a) and (b) of this section 2, word-wide. To the fullest extent permissible by law, everything you see or read on this Site, including the Content, is copyrighted and protected by the copyright laws of the United States and by international treaties and may be the subject of one or more patents or pending patent applications and is included within the definition of Intellectual Property. You are not granted and nothing contained on this Site should be construed as granting, by implication, estoppel or otherwise, any express or implied license or right to use any of the Intellectual Property for any purpose or use whatsoever, and all such rights are expressly reserved to and retained by the Company without restriction. Nothing from this Site may be used, copied, downloaded, displayed or transmitted by you (in any way or form, or by any medium) without the prior written permission of the Company. You do not acquire ownership, rights, licenses or permissions to any of the Intellectual Property. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PHOTOGRAPHS, IMAGES, PRODUCT DESCRIPTIONS, PRODUCT NAMES AND LOGOS AND ALL OTHER INTELLECTUAL PROPERTY MAY NOT BE DOWNLOADED FROM THE SITE, COPIED, MODIFIED OR RE-USED BY YOU FOR ANY PURPOSES WHATSOEVER. THE COMPANY WILL AGGRESSIVELY ENFORCE ITS INTELLECTUAL PROPERTY RIGHTS TO THE FULLEST EXTENT OF THE LAW, SHOULD YOU BREACH ANY OF THESE TERMS AND CONDITIONS.
3. Limited Right to Use the Site.
(a) Your use of this Site is solely limited to your personal and non-commercial use for viewing the Site’s Content and utilizing its offered services and information on a single machine using a conventional web browser without the aid of automatic electronic processes, “robots,” “spiders,” “scrapers,” “webcrawlers,” or other automatic devices or computer programs or processes that monitor, copy, or download web pages, data or other Content. You may not in any manner modify, copy, transmit, display, post, perform, reproduce, duplicate, publicly display, license, publish, modify, republish, upload, post, transmit distribute, assign, sublicense, sell, resell or create a derivative work from or make other use of the Content or other Intellectual Property. No part of any Content, form or document accessible at this Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, without our express written authorization.
(b) You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activities conducted on this Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on this Site's infrastructure. Use of any robot, spider, web crawler, automated query device, or other automatic device, or manual process to monitor or copy the web pages or the Content contained herein without the Company’s prior express written permission is prohibited. Use of any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any transaction being conducted on this Site is also prohibited.
(c) You may not (and may not authorize any other party to) (i) co-brand this Site, or (ii) frame this site within or as part of any other site, or (iii) hyper-link to this Site. For purposes of these Terms and Conditions, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or Content accessible within this Site. You agree to cooperate with the Company, at your expense, in taking all actions necessary to enjoin unauthorized co-branding, framing or hyperlinking in whole or in part.
(d) Your activities on the Site shall not: (i) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) contain or subject this Site to any virus, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (iii) create liability or cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other suppliers; (iv) place an undue burden on the software and hardware used in connection with the Site, (v) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass emails; (vi) seek to obtain sensitive or personally identifiable information from other users of the Site; or (vii) modify or alter any part of this Site, including, without limitation by (A) providing a link directly or indirectly to any other site from this Site, or (B) modifying or altering any material on this Site. In addition, posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or violation of any law is strictly prohibited.
(e) Without our express prior approval, you shall not post, send, submit, publish or transmit through the Site any material which contains advertising or any solicitation of any commercial endeavor (e.g., with respect to products or services.) You shall not use the Site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the Site. You shall not use the Site to engage in any commercial activity (e.g., conducting raffles or contest, displaying sponsorship banners, and/or soliciting goods or services).
(f) We reserve the right, in our sole discretion and judgment, and without liability of any kind to you, to terminate, change, or suspend your access to the Site for any reason, at any time, without notice.
4. User Content.
(a) The Company may establish features on this Site for you to upload and post content which includes, without limitation, feedback, reviews, text, graphics and other forms of postings, whether publicly or privately through e-mail or other message system (collectively, the “User Content”). You acknowledge and agree that the Company has the right to determine and implement general practices and limits concerning use of the Site and posting of User Content including, without limitation, limiting the maximum number of days that e-mail messages, message board postings or other User Content will be retained or displayed. You agree that the Company has no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content. As a condition of you uploading any User Content to this Site or otherwise delivering the same to the Company, you hereby irrevocably, unconditionally and forever grant to the Company a non-exclusive, perpetual, royalty-free, world-wide, non-revocable, non-personal and fully transferable right and license to reproduce, duplicate, modify, publicly display and perform, sell, resell, upload, post, copy, distribute, display, publish, republish transmit, adapt, translate, create derivative works and otherwise commercially use and exploit all User Content for any and all purpose, and to incorporate any User Content in other works in any form, media, or technology now known or later developed, without restriction or any liability or accounting to you. You agree to maintain your own back-ups of your User Content. It is a condition of your access to this Site that all User Content are correct and complete.
(b) You may not post, send, submit, publish, or transmit in connection with this Site any User Content that:
- contains proprietary material and/or protected information of any third party without their consent in accordance with applicable law;
- does not pertain directly to this Site;
- infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
- violates any law or may be considered to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site; or
- disobeys any policy or regulations established from time to time regarding use of this Site or any networks connected to this Site.
The Company shall have the right to monitor use of this Site to determine compliance with these Terms and Conditions, as well the right to remove or refuse any information or User Content for any reason. Notwithstanding these rights, you remain solely responsible for the User Content.
(c) The Company reserves the right to fully cooperate with any law enforcement or duly authorized regulatory authorities or court order requesting or directing the Company to disclose User Content, the identity of anyone posting User Content, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions. BY ACCEPTING THESE TERMS AND CONDITIONS YOU WAIVE, RELEASE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT OR DULY AUTHORIZED REGULATORY AUTHORITIES.
5. Modifications to the Site. The Company has the right, at any time and in its sole discretion, but not any obligation, to refuse, modify, alter, revise or remove any User Content or to terminate, change, or suspend (temporarily or permanently) any aspect of the Site (or the entire Site) at any time and from time to time, without notice or liability to you. Without limiting the foregoing, we have the right without any liability to remove any material that we in our sole discretion, find to be in violation of any provision hereof or otherwise objectionable in our sole discretion. You acknowledge that the Company reserves the right to log off accounts that are inactive for an extended period of time or otherwise terminate its policy of permitting user accounts or uploading access. You further acknowledge that the Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
6. Indemnification. You agree to indemnify, defend, release, and hold harmless the Company and our affiliates, and our respective directors, officers, employees, and agents from any liability, loss, claim, fine, penalty, and expense, including without limitation, reasonable attorney's fees, arising out of or relating to your access or use of this Site, any breach or other violation by you of these Terms and Conditions and/or any User Content uploaded, delivered, transmitted or otherwise provided or used in connection with this Site.
7. No Warranty and Disclaimer of Liability. THIS SITE, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” WITH “ALL FAULTS” AND WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SITE, SERVICES OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE SITE, SERVICES AND CONTENT MAY INCLUDE ERRORS AND MAY BE CHANGED OR MODIFIED AT ANY TIME. YOU, AND NOT THE COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE, SERVICES OR CONTENT. THE COMPANY MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(a) NOTWITHSTANDING ANY PROVISION OF THESE TERMS AND CONDITIONS TO THE CONTRARY, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(I) THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, BUSINESS INTERRUPTION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES; AND
(II) IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTRACTORS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE LESSER OF: (1) THE TOTAL AMOUNT OF MONIES PAID BY YOU TO THE COMPANY DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, AND (2) FIVE HUNDRED UNITED STATES DOLLARS ($500.00).
(b) ALL OF THE LIMITATIONS AND PROVISIONS SET FORTH IN SECTION 8(a) ABOVE SHALL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY ONE OR MORE REMEDIES PROVIDED IN THESE TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE, AND SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION OR CLAIM AND WHETHER SUCH LIABILITY OR DAMAGES ARISES IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE.
(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
9. Privacy Statement. By agreeing to these Terms and Conditions, you acknowledge you have read and understood the terms of our Privacy Statement.
10. Links to Third Party Web Sites. The Site may contain links and/or advertisements to other web sites as a convenience to you. Those sites are not operated or controlled by us. Neither we nor our affiliates are responsible for the actions, Content, accuracy opinions expressed, privacy policies, products or services provided through such web sites, or made available through these resources or appearing in such web sites. Neither we nor our affiliates shall have any liability to you for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such web sites. We have not investigated, monitored or checked for accuracy, completeness, or conformance with applicable laws and regulations any of these sites. Inclusion of any linked web site on the Site does not imply approval, acceptance, or endorsement of the linked web site or any of the products and services made available through such web site by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about any web sites. which you may access through the Site, the Content thereof, or the products and/or services made available through such web sites. If you decide to leave the Site and access these other web sites., you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such web sites. will apply to you while on such web sites.
11. Copyrights and Copyright Agents. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via this Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Speck Pumps-Pool Products Inc., 8125 Bayberry Road, Jacksonville, FL 32256, Attn: Webmaster. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) 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. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms and Conditions or on the Site.
12. Information and Press Releases. The Site contains information about us and our affiliates. While this information was believed to be accurate as of the date it was prepared, we and our affiliates disclaim any duty or obligation to update this information or any press releases. Information about entities other than us and our affiliates contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
13. Miscellaneous. These Terms and Conditions and the agreement created by your acceptance of them through your use of the Site shall be treated as though executed and performed in Florida, and shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Access to, or use of, this Site or information, materials, products and/or services on this Site may be prohibited by law in certain countries or jurisdictions. We do not make any representations or warranties regarding the use of or access to this Site outside of the jurisdiction of the United States and you are responsible for compliance with all applicable laws of the country from which you are accessing this Site. The language in these Terms and Conditions shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with these Terms and Conditions shall be brought solely in state or federal courts located in Jacksonville, Duval County, Florida. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Notwithstanding the foregoing, we retain the right to bring legal proceedings in any jurisdiction where we believe that breach of these Terms and Conditions is taking place or originating. Should any part of these Terms and Conditions be held invalid or unenforceable, such part will be severed and the remaining portions of these Terms and Conditions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall control. Our failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions or your use of the Site and neither we nor you have any authority of any kind to bind the other in any respect whatsoever or to take any action which shall be binding on the other, except as authorized in writing by the party to be bound. This agreement is personal to you and you may not assign it to anyone. These Terms and Conditions are not intended to benefit any third party, and do not create any third party beneficiaries. Accordingly, these Terms and Conditions may only be invoked or enforced by you or us.
14. Contacting Us. If you have any questions regarding these Terms and Conditions or any other matter, please click on the Contact Us link on this site.
Last updated: February 1, 2013
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