Please read these terms and conditions (the “Terms”) carefully before using the Flomatic® Web Site (“Site”). By using the Site you signify your consent to these Terms. If you do not agree to the Terms please do not use the Site. The Terms addresses your legal rights and obligations and includes important disclaimers and choice of law and forum provisions. Please read carefully. The Terms apply to all web sites of the Flomatic® Group, including sites for registered users.
Ownership of the Site
The Site is owned and operated by Flomatic® (hereinafter referred to as Flomatic), a corporation incorporated under the laws of New York, having its principle office in Glens Falls, NY.
Use License
Please feel free to browse the Site. Flomatic® grants you permission to view this Site and to print or download material displayed on the Site for your own personal, non-commercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement and provided that you keep intact all copyright, trademark and other proprietary notices. You may not however copy, reproduce, republish, upload, transmit or distribute in any way the contents of this Site, including the text, images, audio and video for public or commercial purposes, without written permission from Flomatic. You are also prohibited from using any content of this Site in a frame on any other internet site in any way.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition as a condition of your use of this Site, you represent and warrant to Flomatic® that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.
User Submissions
Any communication or material that you transmit to the Site by e-mail or otherwise is, and will be treated as non-confidential and non-proprietary information. Anything you transmit or post may be used by Flomatic® for any purpose. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material that may violate any law.
Links to and from other materials
Flomatic® may provide hyperlinks to third party sites. The linked sites are not under the control of Flomatic® and in no way is Flomatic® responsible for the content of any such linked site or for the content of any site linked to such linked site. Flomatic® does not endorse companies or products to which it may provide hyperlinks and Flomatic® reserves the right to note as such on its Site. Flomatic® reserves the unilateral right to terminate any link or linking program at any time. If you decide to access any of the third party sites linked to this Site, you do so at your own risk. Third parties may only provide hyperlinks to the Flomatic® main homepage. Any links to underlying sites require a prior written approval from Flomatic.
Content
Flomatic® takes great care in creating and maintaining this Site, and in providing accurate and up-to-date content such as, but not limited to, price quotations and product descriptions. However, the content of this Site is subject to frequent modifications without prior notice. Therefore, Flomatic® does not guarantee the correct and actual status of said content.
The visitors to the Site accept Flomatic’ exoneration of any liability whatsoever for the content of the Site, the software on the Site or for any use made of it.
Intellectual Property
The texts, layouts, drawings, databases and other items on this Site, as well as the Site itself, are protected by copyright and by the right of the producer of the database. Some of the names, signs and logos on this Site are protected trademarks or trade names.
Nothing contained on the Site should be construed as granting any license or right to use any trademark, displayed on the Site without the written permission from Flomatic® or such third party that may own the trademarks displayed on the Site.
Any copy, adaptation, translation, arrangement, modification, or any use whatsoever of the whole or of any part of this Site of its protected elements, in any form and by any means, is strictly prohibited.
Data Protection
Flomatic® collects and processes information on the behaviour of the users of this Site for statistical and marketing purposes. The user has the right to oppose, free of charge, the processing for marketing purposes of the data concerning him, and has the right to access personal data and correct such data. For more information regarding the data that Flomatic® collects and the measures Flomatic® takes to protect the privacy of its user data please refer to the Flomatic® Privacy Policy.
Liability
Your use of and browsing in this Site is at your own risk. Flomatic® does not warrant that the software used for this Site, and the information, the on-line applications, or any other services provided by means of this Site are error-free, or that their use will be uninterrupted. Flomatic® expressly disclaims all warranties related to the above-mentioned subject matter, including, without limitation, those of accuracy, condition, merchantability and fitness for particular purpose.
Notwithstanding anything to the contrary in this Site, in no event shall Flomatic® be liable for any loss of profits, revenues, indirect, special, incidental, consequential, or other similar damages arising out of or in connection with this Site or out of the use of any of the services proposed by means of this Site.
DISCLAIMER
THE MATERIAL AND CONTENT POSTED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS WARRANTY OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL FLOMATIC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF FLOMATIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions prohibit the exclusion or limitation of liability for consequential and or incidental damages, the above limitation may not apply to you. Furthermore, Flomatic® does not warrant the accuracy or completeness of information of links or other items contained within these materials that have been provided by third parties.
Product Orders
While Flomatic® will use its best efforts to fulfil all orders, Flomatic® cannot guarantee the availability of any particular product displayed on this Site. Flomatic® reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
Updates
Flomatic® reserves the unilateral right to update, modify, change and alter its Terms and Privacy Policy at any time. All such updates, modifications, changes and alterations are binding on all users and browsers of the Flomatic® Site and will be posted here.
Software Licenses
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, which may be provided to you in order to access specified areas within the Site. You may not sublicense, assign or transfer any licenses granted by Flomatic, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.
