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Terms and Conditions of Access
Welcome to wrightpump.com (this "Site"), a web
site maintained by Viking Pump, Inc.. Wright Pump is a subsidiary of
Viking Pump, Inc., 406 State St., Cedar Falls, IA a business unit of IDEX Corporation. IDEX Corporation and its business
units are collectively referred to as "us", "our" or the "Company" in
these Terms and Conditions of Access.
These Terms and Conditions of Access set forth the terms and conditions
under which users are authorized to have access to and use this Site.
ACCEPTANCE
Any use of this Site by you conclusively indicates that these Terms and
Conditions of Access have been reviewed and accepted by you. If you do not
agree with any of the provisions of these Terms and Conditions of Access,
you should not use this Site.
CONTENT
The content of this Site ("Content") is the property of the Company,
and all right, title and interest in all Content belongs solely to the
Company. You may access and use Content for any legitimate business
purpose; provided, however, that you may not use this Site or any Content
for any purpose prohibited by the Company, in its sole discretion, upon
notice of such prohibited purpose from the Company. Any access or attempt
to access other areas of any computer equipment on which this Site is
located or other information contained on such computer equipment for any
purpose is prohibited.
INTELLECTUAL PROPERTY RIGHTS
The Company owns and operates this Site. Unless identified with the
designation "Copy Free", all names, titles, logos, and designs identifying
the products and brands of the Company, including any derivative and
related names, titles, logos and designs, appearing in this Site, are
trademarks of the Company and its sole property. Any other names, titles,
logos and designs appearing on this Site are the property of their
respective owners.
This Site contains copyrighted material, trademarks and other
proprietary information, including, but not limited to, text, photographs,
graphics, images, illustrations and software, and the entire Content is
protected by copyright as a collective work and/or compilation under the
United States copyright laws, international conventions and other
copyright laws. The Company owns a copyright in the Content original and
in the selection, coordination, arrangement and enhancement of all
Content.
Any reproduction, modification, publication, transmission,
retransmission, framing, misuse, misappropriation, unauthorized use,
transfer, sale, distribution, performance, display, creation of a
derivative work or any other exploitation of any Content, in whole or in
part, without the express written consent of the Company is strictly
prohibited. Notwithstanding the foregoing, any user of this Site is
granted a limited license to download Content for personal use only
provided that all copyright and other notices in any downloaded Content
are maintained. By downloading Content, the user agrees and acknowledges
that the user does not acquire any ownership or other use rights to any
Content or this Site by downloading such Content. Except as expressly
authorized above, nothing contained in this Site or these Terms and
Conditions of Access shall be construed as conferring, by implication,
estoppel or otherwise, any license or right under any patent, trademark,
copyright or other property right of the Company or any third party.
Individual documents published by the Company on this Site may contain
other proprietary notices and copyright information specific to such
individual document. Any product, process, or technology in such
individual documents may be the subject of other intellectual property
rights reserved by the Company or a third party and are not to be licensed
under these Terms and Conditions of Access.
If you are interested in using any Content in any manner except as
expressly authorized above, you should contact the Company for information
on licensing.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Neither the Company nor any of its affiliates, officers, directors,
employees, third party content providers, licensors, agents or
representatives makes any warranty or representation of any kind, either
express or implied, with respect to this Site, any Content or any products
or services offered through this Site, including, but not limited to, any
warranty that this Site will be operable, uninterrupted, virus free or
error free, any warranty of title, any warranty of privacy, any warranty
of dependability, accuracy, timeliness, authenticity, completeness or
reliability, or any warranty of merchantability or fitness for a
particular purpose.
By using this Site, you acknowledge and agree that this Site and all
Content are provided on an "as is, where at" basis without any warranty or
representation of any kind, either express or implied, with respect to
this Site, any Content or any products or services offered through this
Site, including, but not limited to, any warranty that this Site will be
operable, uninterrupted, virus free or error free, any warranty of title,
any warranty of privacy, any warranty of dependability, accuracy,
timeliness, authenticity, completeness or reliability, or any warranty of
merchantability or fitness for a particular purpose.
In no event will the Company or any of its affiliates, officers,
directors, employees, third party content providers, licensors, agents, or
representatives be liable to any person or entity for damages of any
nature whatsoever arising out of or in connection with the use of this
Site or any linked web site. This is a comprehensive limitation of
liability that you agree is fair and reasonable concerning your use of
this Site and applies to all harm, liabilities, injuries, losses, damages,
costs and expenses of any kind whatsoever, including, but not limited to,
direct, indirect, incidental, special, compensatory, or consequential
damages, regardless of how same arise, whether in tort, negligence,
statute, contract, common law, equity or otherwise, and whether for or in
connection with loss of programs or data, loss of income, revenues or
profits, loss of anticipated sales, loss of opportunity, business
interruption, failure to realize expected savings, damage to person or
property, claims of third parties or otherwise.
LINKS
This Site may from time to time be linked to other web sites. The
Company is not responsible for any content contained on any web site that
is not maintained by the Company. No link from this Site to a third party
web site, or from a third party web site to this Site, is an endorsement,
sponsorship or recommendation by the Company of such third party web site.
The Company will have no liability to users arising from any link from a
third party web site to this Site or from this Site to a third party web
site.
INFORMATION PROVIDED
All comments, graphics, ideas and other information you provide to the
Company through this Site will become the property of the Company without
any compensation to the user. To the extent you are requested to provide
any information to the Company while using this Site, you represent and
warrant that such information will be accurate and complete in all
respects.
INFORMATION COLLECTED
The Company may collect information about you and your use of this Site
(including, but not limited to, your name, email address, street address
and telephone number, credit card information, and length of time spent by
you on this Site) for many purposes. You consent to the Company's use of
such information for any lawful purpose. Any personally identifiable
information you provide through this Site (e.g., information that can
identify the user, including, but not limited to, your name, email
address, street address, telephone number, employer and occupational
title) will be subject to the Privacy Policy posted on this Site.
MISUSE OF INFORMATION
The Company uses precautions to protect information provided by you to
the Company through this Site from misuse or unauthorized disclosure in
accordance with the Privacy Policy posted on this Site. However, the
Company does not guarantee that any such information is secure from misuse
or unauthorized disclosure, and the Company will not have any liability to
you for any misuse or unauthorized disclosure of such information.
INDEMNIFICATION AND HOLD HARMLESS
You understand and expressly agree that all access to and use of this
Site is at your sole risk.
You will indemnify and hold harmless the Company from and against all
harm, liabilities, injuries, losses, damages, costs and expenses incurred
by the Company (including, but not limited to, fees and disbursements of
counsel to the Company) in connection with your access to or use of this
Site or any Content, except to the extent such harm, liabilities,
injuries, losses, damages, costs or expenses are due solely to the
negligence of the Company.
You agree that you shall not take any action against the Company or any
of its affiliates, officers, directors, employees, third party content
providers, licensors, agents, or representatives in any connection with
any matter relating to or arising out of your access to or use of this
Site.
TERMINATION AND MODIFICATION
Wright Pump may terminate this Site and modify any
Content at any time, in each case, without notice to you and without
liability to you for such termination or modification.
NOTICES
You may send notices to Rod Eliasen, Viking Pump, Inc.,
P.O. Box 8, Cedar
Falls, IA 50613-0008 or email Web
Administrator. Any such notice will be effective upon actual receipt by the
Company. The Company may send notices to you through email, regular mail
or a posting on this Site. Any such notice will be effective upon actual
receipt by you in the case of email or regular mail or upon posting in the
case of posting on this Site.
MISCELLANEOUS
These Terms and Conditions of Access (a) may be amended by
Wright Pump at any time without notice to you, (b) inure to the benefit
of and are binding upon you and the Company and each of your and the
Company's successors and assigns, except that you may not assign any of
your obligations under these Terms and Conditions of Access without the
written consent of Wright Pump, (c) shall be governed by,
and interpreted and enforced in accordance with, the internal law of the
State of Wisconsin in which business unit's principal office is located, without regard to principles of conflict of laws, and (d)
constitute the entire agreement and understanding between you and the
Company with respect to your access to and use of this Site and supersede
all prior oral and written proposals, representations, understandings and
agreements.
You and the Company will submit all disputes in connection with any
matter relating to or arising out of your access to or use of this Site
exclusively to a federal or state court located in Waukesha county,
Wisconsin in which
business unit's principal office is located, and you consent to the
jurisdiction of such court for such dispute and acknowledge such court to
be a proper venue for such dispute.
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