Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE

THIS WEB SITE (THE "SITE") IS PROVIDED BY HYDRO-GEAR. FOR INFORMATIONAL PURPOSES ONLY AND SUBJECT TO THE PROVISIONS HEREINAFTER. BY USING THE SITE, OR BY DOWNLOADING MATERIALS FROM THIS SITE, YOU AGREE TO ABIDE AND BE BOUND BY THE TERMS AND CONDITIONS CONTAINED BELOW AND ELSEWHERE WITHIN THE SITE. IF YOU DO NOT AGREE TO ABIDE AND BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THE SITE.

1 MODIFICATION OF TERMS AND CONDITIONS

Hydro-Gear reserves the right, at its sole discretion, to stop, alter or supplement the provision of this Site in whole or in part, at any time, as well as to change, modify, add, or remove any portion of these Terms and Conditions, in whole or in part, at any time. Changes will be effective, without further announcement, when posted. Your continued use of the Site after any changes are posted will be considered acceptance of those changes. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you.

2 PRIVACY AND PROTECTION OF PERSONAL INFORMATION

Hydro-Gear is committed to the protection of your privacy. General use of this Site does not require submission of any personally identifiable information. In instances where personally identifiable information is submitted (such as when you contact Hydro-Gear for additional information about Hydro-Gear products), Hydro-Gear will use your information only in connection with the purpose of your submission (i.e. to contact you to provide product information). Additionally, Hydro-Gear will not share your information with any third parties other than subsidiaries and affiliates of Hydro-Gear.

3 DISCLAIMER OF WARRANTY

THE INFORMATION CONTAINED HEREIN IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE INFORMATION PROVIDED MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. HYDRO-GEAR DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS SITE OR ANY LINKED WEB SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. HYDRO-GEAR RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. HYDRO-GEAR MAY MAKE ANY OTHER CHANGES TO THIS SITE AND THE INFORMATION CONTAINED IN THIS SITE AT ANY TIME WITHOUT NOTICE. HYDRO-GEAR DOES NOT WARRANT THAT THIS SITE, THE SERVER OR EMAILS DISPATCHED BY HYDRO-GEAR DO NOT CONTAIN ANY VIRUSES OR ANY OTHER HARMFUL/DESTRUCTIVE COMPONENTS. IN NO EVENT SHALL HYDRO-GEAR, ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, ATTORNEY'S FEES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THIS SITE OR ANY LINKED WEB SITE, AS WELL AS THE USE OF ERRONEOUS AND/OR INCOMPLETE INFORMATION CONTAINED THEREIN, EVEN IF HYDRO-GEAR IS EXPRESSLY ADVISED OR WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

4 INDEMNIFICATION

You agree to indemnify, defend, and hold Hydro-Gear, and (as applicable) its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any claim or demand, including reasonable attorneys' fees, made by any third party related to or arising out of your breach of this Agreement or any terms and conditions it incorporates by reference, or your violation of any law or the rights of a third party.

5 TRADEMARKS

Unless otherwise indicated, all marks displayed on this Site are subject to the trademark rights of Hydro-Gear Limited Partnership. "Hydro-Gear," "We set the wheels in motion," "IZT," and the Hydro-Gear logo are registered United States trademarks of Hydro-Gear Limited Partnership. The entire content of this Site belongs to Hydro-Gear Limited Partnership and is protected by copyright law.6 WAIVER The failure of Hydro-Gear to enforce any provision of this Agreement shall not be construed as a waiver or limitation of Hydro-Gear' right subsequently to enforce and compel strict compliance with every provision of this Agreement.

7 LINKS TO THIRD PARTY MATERIALS

As a convenience to you, Hydro-Gear may provide on this Site links to Web sites (the "linked sites") that are operated by other entities. The linked sites are not under the control of Hydro-Gear (or its subsidiaries or affiliates), and Hydro-Gear is not responsible for the content of any linked site or any link contained in a linked site. Hydro-Gear reserves the right to terminate any link or linking program at any time. Hydro-Gear does not endorse companies or products to which it links and reserves the right to note as such on its Web pages. If you decide to access any of the linked sites, you do this entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.

8 APPLICABLE LAWS

This Site is controlled by Hydro-Gear from its offices within the United States of America. Hydro-Gear makes no representation that information in this Site is appropriate or available for use in other locations, and access to this Site from countries or territories where the Site's content is illegal is prohibited. If you access this Site from outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local laws. These Terms and Conditions and your use as well as any disputes involving Hydro-Gear arising out of or in connection with your use of this Site are governed by the laws of the State of Iowa, United States of America, without giving effect to its conflict of laws provisions.

9 SEVERABILITY

If any term or provision herein is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and non-appealable, then, the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken in its entirety, and unless such term or provision is material to the performance of these terms of use, the remainder of these terms shall survive with the said offending provision eliminated.