[Last Updated February 20, 2009]
Blacoh may revise these Terms at any time without notice by updating this posting. By using the Site, you agree to be bound by any such revisions and should therefore periodically visit the Site and this page to determine the current Terms to which you are bound. When these Terms are revised, we will also revise the "last updated" date at the top of these Terms. These Terms do not alter the terms and conditions of any other agreement you may have with Blacoh for products, services, or otherwise, unless otherwise directed by Blacoh. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of the Site.
Please carefully and thoroughly read the Web Site Disclaimer (Warning), which is incorporated herein by reference. You have already indicated your acceptance of the Web Site Disclaimer (Warning) by clicking on the acceptance box. In addition to and not in limitation of the foregoing, you agree to be legally bound by the Web Site Disclaimer (Warning) by using the Site.
Copyright. The Site and all Site materials, including, without limitation, any software, data, text, photos, pictures, graphics, images, audio and video clips, the e-Configurator, logos, icons, links, and other files, and the selection and arrangement thereof (the "Materials") are copyrighted materials of Blacoh Fluid Controls, Inc. © 2009, ALL RIGHTS RESERVED, or its licensors. Permission is granted only to (a) authorized Blacoh distributors, (b) companies for which Blacoh is an original equipment manufacturer, and (c) potential users of Blacoh products approved by Blacoh to display, electronically copy, and download the Materials on the Site solely for the purpose of viewing the information in connection with commercial transactions with Blacoh, provided such persons do not modify the Materials and that such persons retain all copyright and other proprietary notices contained in the Materials. Neither such persons nor anyone else may distribute, copy, reproduce, display, republish, download, upload, post, or transmit any Materials on the Site for other use nor hyper-text link the Site to another Web site without prior written approval from Blacoh. You may not "frame" or "mirror" any Material contained on the Site on any other server without prior written permission from Blacoh. Any unauthorized use of any Materials contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademarks; Trade Dress. The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on the Site are registered and unregistered U.S. trademarks of Blacoh or its licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Blacoh or its licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Blacoh or the Trademark owner. Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission from Blacoh or the Trademark owner. Misuse of the Trademarks displayed on the Site is strictly prohibited.
User Submissions. Certain areas of the Site enable you to submit e-mails or otherwise provide feedback or information to Blacoh. You agree that by submitting content:
- You will only submit content that complies with applicable law and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate or that contains any viruses or other software that may adversely affect the operation of another's computer;
- You understand and agree that such content will be deemed non-confidential; and
The Site provides access to certain Blacoh technology applications, functionality and online services (collectively, the "Applications"), including without limitation the Blacoh e-Configurator. Your use of the Applications is subject to the Web Site Disclaimer (Warning), the terms of which you must read and accept before you will be able to access the Applications.
The Applications are intended for the exclusive use of: (a) authorized Blacoh distributors; (b) companies for which Blacoh is an original equipment manufacturer; and (c) potential users of Blacoh Products approved by Blacoh for access to the Applications (together the "Authorized Users"). Each Authorized User must receive a password from Blacoh in order to access the Applications. A password given to an Authorized User may expire or otherwise become invalid at any time without prior notice.
Blacoh provides the Applications as a no cost convenience to Authorized Users to be used merely as a tool in, among other things, determining a possible Blacoh product for a particular application. The Applications are tools only, and Authorized Users use the Applications at their own risk. Blacoh provides certain Applications as a guide only, and the Authorized User assumes all liability and responsibility for determining the actual product specifications and compatibility for a particular pump and application.
Blacoh does not provide dampener design advice, and nothing in these Terms or arising from use of the Applications or other information contained on or accessed through the Site should be construed as dampener design advice.
Blacoh grants each Authorized User the non-exclusive right to use the Applications solely for the Authorized User's internal business use. The Applications and all worldwide intellectual property rights therein are the exclusive property of Blacoh. Authorized User uses the Applications at such Authorized User's own risk.
Any information, including but not limited to pricing information, given to an Authorized User as a result of the Authorized User's use of the Applications is not an offer to sell any product or part nor does such response by Blacoh constitute or create any legal obligation.
Information on Site
The Site contains information about Blacoh. While this information was believed to be accurate as of the date it was prepared, Blacoh disclaims any duty or obligation to update this information. Information on the Site about companies other than Blacoh should not be relied upon as being endorsed, recommended, or verified by Blacoh.
The Site may require you to register or obtain a password prior to permitting access to certain services. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorized by you. You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure, and we cannot guarantee that any personal information you submit to us will be free from unauthorized third-party intrusion. You understand and agree that all information you submit to Blacoh is done so at your own risk.
Disclaimer of Warranties
THE SITE, INCLUDING BUT NOT LIMITED TO THE E-CONFIGURATOR, FUNCTIONS, MATERIALS, AND INFORMATION, IS FOR COMMERCIAL USE ONLY AND IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. BLACOH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, TITLE, QUIET ENJOYMENT, DATA ACCURACY, SYSTEM INTEGRATION, AND INFORMATIONAL CONTENT. BLACOH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE OPERATION OF THE SITE, THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF THE E-CONFIGURATOR OR OTHER MATERIALS, OR FUNCTIONALITY ON THE SITE OR ANY OTHER SITES LINKED TO THE SITE; USE OF THE SITE AND THE MATERIALS AVAILABLE ON THE SITE IS AT YOUR SOLE RISK. BLACOH DOES NOT WARRANT THAT THE SITE, THE MATERIALS, OR THE SERVICES (INCLUDING BUT NOT LIMITED TO THE E-CONFIGURATOR) OFFERED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY DEFECTS IN THE SITE, THE MATERIALS, OR SUCH SERVICES (INCLUDING BUT NOT LIMITED TO THE E-CONFIGURATOR) WILL BE CORRECTED.
Limitation Of Liability
IN NO EVENT WILL BLACOH OR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, SUPPLIERS, AFFILIATES, OR LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OPPORTUNITY, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, WHETHER BASED ON WARRANTY, CONTRACTS, STATUTES, REGULATIONS, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE FOREGOING LIMITATION MAY NOT APPLY. IN SUCH STATES, BLACOH'S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWABLE BY LAW. BLACOH ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO OR VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR BROWSING IN THE SITE OR DOWNLOADING OF ANY MATERIALS OR DATA FROM THE SITE. BLACOH MAKES NO WARRANTIES THAT ANY MATERIALS OR INFORMATION PROVIDED ON THIS SITE SHALL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES, WORMS OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS OR PROPERTIES.
You agree to indemnify, defend, and hold Blacoh and its directors, officers, employees, consultants, suppliers, affiliates, and licensors harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms; (b) any allegation that any materials you submit to us infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and (c) your activities in connection with the Site.
Blacoh reserves the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block access from a particular Internet address to the Site.
Blacoh may change, suspend, terminate or discontinue any aspect of this Site at any time. Blacoh may also impose specific restrictions on your access to this Site or parts thereof or limit certain features of the Site without notice or liability.
Location, Governing Law and Venue
The Site is operated by Blacoh from its offices in California, USA. The law of the State of California shall govern these Terms, without reference to its choice of law rules. You irrevocably and unconditionally consent to personal jurisdiction and venue of the state and federal courts in the County of Riverside, California (the "California Courts") for any litigation or dispute arising out of or relating to the Site or these Terms and agree that any action, suit, or proceeding arising out of or relating to this Site or these Terms shall be filed only in the California Courts. Blacoh makes no representation that the information on the Site is appropriate or available for use in other locations, and access to the Site from territories where the content of the Site may be illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable laws. These Terms constitute the entire agreement between Blacoh and you with respect to any use of this Site. However, sales of Blacoh's products are subject to other terms and conditions, not set forth in these Terms. Any cause of action you may have with respect to use of this Site must be commenced within one year after the claim or cause of action arises. If any provision of these Terms or a portion thereof is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible under law so as to effect the intent of the remainder of the terms and conditions and all other terms and conditions shall continue in full force and effect. Blacoh's failure to enforce or insist upon any performance or provision of these Terms shall not be construed as a waiver of any such provision or right. Blacoh can assign its rights or duties under these Terms to any party at any time without notice. Some of the provisions of this Agreement are for the benefit of Blacoh, its officers, directors, employees, consultants, licensors, suppliers and affiliates. Each of those individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
If you have any questions or comments regarding these Terms, please send us an e-mail at DianaVise@blacoh.com.
© COPYRIGHT 2009 BLACOH FLUID CONTROLS, INC. ALL RIGHTS RESERVED.