Terms of Use

 

——————————————————————————–

 

1. INTRODUCTION.

 

This site (“Site”) is owned by Wayne/Scott Fetzer Company dba “Wayne Water Systems” (“WAYNE” or “we or “our”). RIDGID® is a registered trademark of Ridge Tool Company, Inc. and is used by WAYNE under license.

 

2. ACCESS TO THE SITE.

 

By accessing, browsing or using the Site, you acknowledge that you have read, understood and agreed to be bound by these terms and conditions of use, including the Site Privacy Policy (“Terms”) and to comply with all applicable U.S. laws and regulations. If you do not or cannot agree to the Terms, please do not use the Site or any of the services offered through the Site. WAYNE reserves the right, in its sole discretion, from time to time to update, revise, supplement and otherwise to modify these Terms, and to impose new or additional terms and conditions on your use of the Site. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in these Terms as “Additional Terms”) will be effective immediately and incorporated into these Terms. Your continued viewing or use of the Site following such notice will be deemed to indicate conclusively your acceptance of any and all such Additional Terms.  Wayne intends and has designed this Site for users 18 years of age and older, and does not authorize use by anyone younger than 18.

 

3. VISITOR ONLINE CONDUCT

You agree to use this Site only for lawful purposes.

You agree to use this Site only for its intended purposes.

Wayne reserves the right to prohibit any conduct involving this Site that it deems to be inappropriate.

You agree not to collect, record, process or mine information about other users.

You agree not to solicit personal information about children, or to submit or transmit, pornography or salacious or licentious information, material or content.

You agree not to send bulk e-mails, surveys or other mass messages or to engage in keyword spamming.

You agree not to threaten, stalk, harm, or harass others, or promote bigotry or discrimination.

You agree not to decompile, disassemble or reverse-engineer any part of this Site in order to identify, acquire, copy or emulate any source code or object code.

You agree that you are solely responsible for any actions you undertake, and for the text, images, photos, and all other forms of data or communication that you submit or transmit (“Your Content”) while using this Site.

You give Wayne and its affiliates and sublicensees license or permission to use Your Content in connection with the operation of the business of Wayne, including to copy, distribute, transmit, display publicly, perform publicly, reproduce, edit, translate and reformat Your Content, and to publish your name in connection with Your Content, all without compensation.

You agree not to promote a business or any other commercial enterprise or event, or otherwise use this Site for commercial purposes, except as expressly permitted by Wayne.

You acknowledge that, once published, Your Content cannot always be withdrawn.

You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy or reliability, or any disclosure by you of information in Your Content that enables readers to recognize you.

You represent and warrant that all information that you provide to gain access to the services provided by this Site is accurate and truthful.  Please note that you may expose yourself to liability if, for example, Your Content contains materials that is false, misleading, or defamatory, or that violates a third party’s rights, such as copyright, patent, trademark, trade secret, moral right, rights of privacy or of publicity, or any other intellectual-property or proprietary right, or contains material that is unlawful (such as hate speech or pornography), exploits or otherwise harms children, or violates or advocates the violation of any statute or regulation.

We may use Your Content in a number of ways.  By using this Site, you irrevocably grant Wayne the worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right to use, copy, perform or display publicly, distribute, modify, translate, and create derivative works of, Your Content for the purpose of registering your pump or alarm and for the wireless service, subject to all statutory and regulatory obligations of confidentiality and data privacy and security applicable to Wayne and Your Content.  You also irrevocably grant the users of this Site and any other media platforms the right to access Your Content in connection with their use of this Site and such platforms.  Finally, you irrevocably waive and cause to be waived any claims and assertions of moral rights or attribution with respect to Your Content.

We reserve the right to remove, screen, edit, reinstate or otherwise regulate Your Content from time to time at our sole discretion, without notice to you, for any reason or no reason.  We disclaim all obligations to keep or provide you copies of Your Content.  We do not guarantee the confidentiality of Your Content.

We have the right but not the obligation to regulate Your Content and any other content on the Site and to enforce these Terms of Use at any time.  We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable statute, regulation, legal process or governmental request, in our sole discretion.

We limit access to this Site viewing the linked web pages solely for legitimate business purposes to access the information provided by Wayne at this Site.  Any access or attempt to gain access to other areas of the Wayne computer system or other information contained on the system, or any Wayne computer, server, account, network, data, software or other hardware, for any purposes, whether or not associated with this Site, is strictly prohibited.  You may not use any information contained on this Site other than in connection with a legitimate business purpose.

4.  ACCEPTABLE USE OF THE SITE.

In order to use the Site, you must obtain access to the World Wide Web directly or through devices that access Web-based content and pay any and all service fees associated with such access.

(a) Use of Site Material. The material provided on this Site, including the information and any images incorporated in the site, is for your personal private non-commercial use only. You may not modify, republish, post or transmit anything you obtain from this Site, including anything you download from the site, unless you first obtain our consent.

(b) Security, Cracking and Hacking. You are prohibited from violating or attempting to violate the security of the Site. Accordingly, you agree not to: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written authorization; or (iv) attempt to interfere with service to any user, host or network, including without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site. Violations of system or network security may result in civil or criminal liability. WAYNE reserves the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.

(c) Third-Party Intellectual Property Rights Without limiting the foregoing, you may not, and by using the Site you agree not to, use the Site to transmit or post material (i) that is copyrighted, unless you are the copyright owner or have obtained the permission of the copyright owner to transmit it; (ii) that reveals trade secrets, unless you own them or have the permission of the owner to so transmit them; or (iii) that infringes on any Intellectual Property Rights (as defined below) of others or violates the privacy or rights of publicity of others. For purposes of these Terms, the term “Intellectual Property Rights” means collectively, any rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral rights and similar rights.

(d) Ownership. All content and materials on the Site are the property of WAYNE and are subject to U.S. and international copyright, trademarks and other proprietary rights and Intellectual Property Rights laws. All software used on or in connection with the Site is the property of WAYNE or its licensors and is subject to U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except expressly in accordance with these Terms or with the express written permission of WAYNE and any other applicable copyright owner. You acknowledge that you do not acquire any ownership rights by virtue of downloading copyrighted material from the Site. All rights not expressly granted hereunder are expressly reserved to WAYNE.

(e)  Editing, Deleting and Modification.

Wayne reserves the right in its sole discretion to edit, delete, modify, suspend or discontinue any information, content, material, feature, aspect, product or service comprising, or available through, this Site at any time. Wayne may alter the availability of any feature of this Site or service at any time.

 

5. WARRANTY DISCLAIMER.

All information, content and material comprising or made available by Wayne on this Site (“Our Content”) serves information purposes only and Our Content is not binding upon Wayne.  Wayne recommends that users exercise their own skill and care with respect to their use of this Site.  Users should carefully evaluate the accuracy, currency, completeness and relevance of the material on the Site for their purposes. Wayne does not guarantee that the information is or will be complete, accurate, error-free, useful for a certain purpose or available at any particular time. Wayne makes no representation that the information contained on the site is appropriate or available for use in all countries, and access to information from places where Our Content is illegal is prohibited.

Wayne is not a party to, has no involvement or interest in, makes no representations or warranties about, and has no responsibility or liability as to any communications, transactions, interactions, disputes or any relations of any kind between you and any other user, person or organization.

We may, in our sole discretion and at any time, change Our Content or these Terms of Use, the charges associated with use of the Site, or modify or discontinue this Site or specific portions of it, without notice.  Subsequent re-use of this site shall be deemed an agreement to any revised Terms of Use.

THE CONTENT, SERVICES, INFORMATION AND ACCESS TO THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WAYNE DOES NOT WARRANT THAT ANY PART OF THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT TRANSMISSION TO OR FROM THE SITE AND ACCESS TO THE SITE WILL NOT BE INTERRUPTED, DISCONTINUED OR ERROR-FREE. WAYNE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE IN TERMS OF ITS QUALITY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

WAYNE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, AVAILABILITY OF INFORMATION, PRODUCTS, OR SERVICES FOUND ON THIRD-PARTY SITES THAT LINK TO OR FROM THE SITE. NO SUCH LINKS IMPLY ANY ENDORSEMENT BY WAYNE OF ANY SUCH INFORMATION, PRODUCTS OR SERVICES.  WAYNE MAINTAINS NO EDITORIAL CONTROL OVER AND CANNOT BE HELD RESPONSIBLE FOR THE MATERIAL CONTAINED ON THIRD PARTY SITES OR RELATED PRODUCTS AND SERVICES NOR DOES WAYNE MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION YOU MIGHT BE REQUESTED TO GIVE TO THIRD-PARTY SITES.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS. THEREFORE THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, ALL SUCH WARRANTIES AND CONDITIONS ARE EXCLUDED AND DISCLAIMED TO THE FULL EXTENT PERMITTED BY THE LAW.

 

6. LIMITATION OF LIABILITY.

 

TO THE FURTHEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, THE NEGLIGENCE OF WAYNE, ITS AFFILIATES, LICENSORS OR CONTRACTORS, SHALL WAYNE OR ITS AFFILIATES, LICENSORS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THE SITE, ANY CONTENT OR ANY RELATED SOFTWARE, EVEN IF WAYNE OR A WAYNE REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THESE TERMS, IN THE EVENT THE TERMS OF THIS SECTION, OR ANY PART OF THIS SECTION, SHALL BE HELD INVALID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, IN NO EVENT SHALL WAYNE’S TOTAL LIABILITY TO YOU, OR ANYONE CLAIMING BY OR THROUGH YOU, FOR ANY DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE EXCEED ONE HUNDRED DOLLARS ($100). FURTHER, YOU SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS WAYNE AND ITS SPONSORS, BUSINESS AFFILIATES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS AND AGENTS, FROM AND AGAINST ANY AND ALL DAMAGES, CLAIMS AND ACTIONS BROUGHT BY YOU OR ANY THIRD PARTY RESULTING FROM YOUR USE OF THE SITE IN VIOLATION OF THESE TERMS OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY.

7.  DIGITAL MILENNIUM COPYRIGHT ACT AND TRANSMISSION OF THIRD-PARTY CONTENT

You may not copy to, upload to, post to or otherwise distribute on this Site anything protected by copyright law or other proprietary rights, unless the owner of the applicable copyright or proprietary right has given you express written authorization for such copying, uploading, posting or distribution.

Any material for which permission has been granted to copy, upload, post or otherwise distribute must contain all requisite copyright management notices and language indicating that such material is being used by express permission of the owner thereof.

The unauthorized use, uploading, posting, or distribution of information, material or content protected by copyright or other proprietary rights is illegal and may subject the malfeasant to civil penalties and criminal prosecution.

WAYNE, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND AFFILIATES, ARE NOT LIABLE FOR DAMAGES RESULTING FROM ANY INFRINGEMENT RESULTING FROM YOUR ACTIONS INVOLVING COPYRIGHTED OR PROPRIETARY RIGHT PROTECTED MATERIAL.

Wayne, pursuant to the Digital Millennium Copyright Act, designates to receive complaints and notices of suspected copyright infringement.  If you believe that your work has been copied and is accessible on this Site in a way that constitutes infringement, you may notify Wayne by providing Linda Kerdolff the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

3. Identification of the URL or other specific location on this Site where the material that you claim is infringing is located;

4. Your address, telephone number and e-mail address;

5. Your statement, that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. Your statement, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Linda Kerdolff can be reached by regular mail at Wayne Water Systems, 101 Production Drive, Harrison, Ohio 45030 or by e-mail at lkerdolff@waynewatersystems.com.

You are prohibited from copying to, uploading to, posting to or otherwise distributing on, this Site any unlawful, threatening, obscene, improper, intimidating, libelous, defamatory or slanderous comments, jokes, images, information, content or material that are intended to or are likely to offend a reasonable person on the basis of his or her age, physical or mental disability, gender, race, religion, national origin, physical attributes, or any other classification that could produce any civil or criminal liability for either yourself or for Wayne, its members, principals, directors, trustees, officers, employees, agents, affiliates or any such similarly situated persons or entities.8. GOVERNING LAW AND ARBITRATION

 

The laws of the State of Ohio (excluding any principles of conflicts of laws) govern your use of the Site, the services and these Terms. You agree that the parties shall settle any claim or dispute relating to these Terms by binding arbitration in Westlake, Ohio under the Commercial Arbitration Rules of the American Arbitration Association. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, FOR ANY INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE INCLUDING, WITHOUT LIMITATION, RELATED SERVICES, YOU AGREE AND HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURTS LOCATED IN CUYAHOGA COUNTY, OHIO, U.S.A.

 

9. WAIVER AND SEVERABILITY

 

No delay or omission by WAYNE to exercise any right or any noncompliance on your part with respect to the Terms shall impair any such right or be construed to be a waiver by WAYNE. If a court of competent jurisdiction finds any provision of the Terms to be invalid or unenforceable in whole or in part, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction, provided, however, if such invalid or unenforceable provision may be modified so as to be valid and enforceable as a matter of law, such provision will be deemed to have been modified so as to be valid and enforceable to the maximum extent permitted by law.

10.  COPYRIGHTS, TRADEMARKS, AND PERMISSIONS

All content provided on this Site, such as text, graphics, images, etc., unless otherwise noted is the property of WAYNE and is protected by US and international copyright laws. The collection, arrangement and assembly of all content on this Site is our exclusive property and is protected by US and international copyright laws. Except as stated herein, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in this Site is strictly prohibited.

Similarly, the trademarks, logos and service marks (collectively the “Trademarks”) displayed in the Site are registered or unregistered trademarks of WAYNE or used with permission by WAYNE. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of WAYNE or such third parties that may own the Trademarks displayed on the Site. Your use or misuse of the trademarks displayed on the Site is strictly prohibited.

11.  INDEMNIFICATION

You agree to indemnify, defend and hold Wayne and its members, directors, officers, employees, agents and affiliates (collectively, “Affiliated Parties”) harmless from any damages, liability, losses, claims and expenses, including reasonable attorneys’ fees, related to any of Your Content, your use of this Site, your interaction with any other users, persons or organizations, or your violation of these Terms of Use.  This indemnification obligation includes the payment of any attorney fees and costs incurred by any Affiliated Parties.

 

12.  ACCESS NONTRANSFERABLE

You may not transfer your right to use this Site or any password or right given to you to obtain access to this Site.

 

13.  HEADINGS

The section headings used in these Terms of Use are only for reference and the convenience of the readers and shall not constitute part of these Terms of Use for interpretation purposes.

 

14.  ENTIRE AGREEMENT

These Terms of Use constitute the entire and only agreement between you and Wayne and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter hereof.

 

 

——————————————————————————–

 

© 2013 Wayne Water Systems. All rights reserved.