Terms of Use

Terms of Use

As of 08/17/2015
 

Welcome to the Hydro-Gear web site. This web site and all of its features and content (the "Web Site") are a service of Hydro-Gear LP (“Hydro-Gear” or the “Company”). By accessing this Web Site, you represent to Hydro-Gear that you are at least 18 years old (or the age of majority in the jurisdiction in which you reside) and that you have the right, authority, and capacity to agree to and age to be bound by this agreement. The following terms and conditions together with any documents referred to in them (“Terms of Use”) apply to your use of this Web Site, including any of the Web Site’s content, functionality and services offered on or through the Web Site, whether as a guest or a registered user.
 

Please read these Terms of Use carefully before you start to use the Web Site. By using the Web Site, you accept and agree to abide by these Terms of Use and our Privacy Policy, incorporated here by reference, whether you have read them or not. If you do not want to agree to these Terms of Use or the Privacy Policy, you must exit the Web Site.
 

Hydro-Gear reserves the right to modify these Terms of Use at any time. You should review these terms and conditions and those elsewhere on Hydro-Gear’s Web Site often since they are binding upon you, may be modified periodically, and may be superseded by specific terms elsewhere on Hydro-Gear’s Web Site. Your continued use of the Web Site following the posting of revised Terms of Use means that you accept and consent to the changes.
 

Intellectual Property


You should assume that everything you see or read at this Web Site is copyrighted unless otherwise noted and that you or any other third party may not use any of these materials except as provided in these Terms of Use. The Web Site and any necessary software or source code used in connection with the Web Site, the collection, compilation, assembly and arrangement of all images, videos, photography, graphics, artwork, text and other information and material found on the Web Site, all Marks (defined below) and other intellectual property relating thereto and all information and data collected through the Web Site are owned by Hydro-Gear or its affiliated companies, suppliers, customers, or partners and contains proprietary information that is protected by all applicable intellectual property laws.
 

The Hydro-Gear name, the term Hydro-Gear, the Hydro-Gear logo and all related names, logos, product and service names, designs and slogans, whether registered or unregistered (collectively “Marks”) are trademarks of Hydro-Gear or its subsidiaries, affiliates, partners or licensors. You must not use or display such Marks without the prior written permission of Hydro-Gear. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
 

Accuracy and Appearance of Web Site Information


Reasonable care has been taken to ensure that all information on the Web Site is true and correct; however, the Web Site may unintentionally contain inaccurate information, whether due to the age of information, error or omission. Product specifications and colors on the Web Site are subject to change without notice. Colors shown are indicative only and may vary from the actual product paint color due to the variances in desktop screens.
 

Hydro-Gear may fix the inaccuracies or update the Web Site at any time without prior notice, but Hydro-Gear is under no obligation to update the Web Site or correct any errors. Hydro-Gear may suspend or discontinue this Web Site at any time without prior notice.
 

User Requirements


You will use the Web Site only for purposes of obtaining information about Hydro-Gear’s products or services, communicating with Hydro-Gear about its products or services and other purposes for which the Web Site is intended. You will not use the Web Site in violation of the Terms of Use or the copyright, trademark, trade secret, privacy, or other rights of any third party or for any other unauthorized or illegal purpose.
 

You must not upload, post, email, hack, or otherwise send or transmit any material to the Web Site that is offensive or contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, equipment, or Web Site content associated with the Web Site. You may not “scrape”, “frame” or “mirror’ any parts of the Web Site without Hydro-Gear’s written permission.
 

You may not use the Web Site for the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
 

User Participation and Submissions


This Web Site may contain an active forum where users are allowed to post comments.


You grant to Hydro-Gear an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, authorize use of and have used on its behalf any ideas, expression of ideas, text, graphics, messages, blogs, links, data, information and other materials you submit (collectively, "Postings") to this Web Site. This license is without restrictions of any kind and without any payment due from Hydro-Gear to you or permission or notification, to you or any third party. The license includes, the right to make, use, sell, reproduce, publish, modify, adapt, prepare derivative works from, combine with other works, translate, distribute, display, perform and sublicense Postings in any form, medium, or technology now known or hereafter developed.
 

You certify and warrant that the Postings: (i) are your original works or that the owner of such works has expressly granted to Hydro-Gear a perpetual worldwide royalty-free irrevocable, non-exclusive license for such works with all of the rights granted by you above and (ii) do not violate and will not violate the rights of any third party including any right of publicity, right of privacy, copyright, patent or other intellectual property right or any proprietary right. You acknowledge and agree that your submitting Postings to the Web Site does not create any new or alter any existing relationship between you and Hydro-Gear.
 

The comments posted by users to this Web Site are not endorsed in any way by Hydro-Gear. Hydro-Gear is not in any manner responsible for the content of these comments. Hydro-Gear reserves the right to block or remove user comments for any reason at any time. Hydro-Gear also reserves the right to use, copy or republish user comments for any purpose in any media.
 

Users should not send any confidential or proprietary information to Hydro-Gear through this Web Site. Any communication or material you transmit through this Web Site or post to this Web Site will be treated as non-confidential and non-proprietary except as expressly allowed by other sections of the Terms of Use and Privacy Policy. Hydro-Gear has no obligation to keep any submissions or posts confidential. Hydro-Gear or its affiliates may use and further disclose anything you transmit or post to this Web Site in any manner and for any purpose. Hydro-Gear has no obligation to respond to user submissions or user posts.


Hydro-Gear reserves the right to remove any Posting that allegedly infringes another person’s copyright. Hydro-Gear will terminate, in appropriate circumstances, registered user who are repeat infringers of another person’s copyright. If you believe that an entry violates your copyright, please submit a claim of infringement to Hydro-Gear in a written complaint that complies with the requirements below and deliver to our designated agent to receive notification of claimed infringement at:
 

By mail:
Hydro-Gear
Attn: IP Counsel
1411 S. Hamilton
Sullivan, IL 61951
 

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: (a) A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed; (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online Web Site are covered by a single notification, a representative list of such works at that Web Site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials; (c) Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address; (e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
 

For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3). You should be aware that, under the Digital Millennium Copyright Act, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.
 

Disclaimers of Warranties

 

THE MATERIALS OF THIS WEB SITE ARE MADE AVAILABLE "AS IS" WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. HYDRO-GEAR UPDATES THE INFORMATION AT THE WEB SITE PERIODICALLY, BUT IT MAKES NO WARRANTY OR REPRESENTATION AS TO ITS ACCURACY AND DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THE UNAVAILABILITY OF THIS WEB SITE OR ANY PORTION THEREOF, (C) YOUR USE OF THIS WEB SITE, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEB SITE.

YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEB SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND DATA PROTECTION, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR WEB SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA.
 

Limitation of Liability


HYDRO-GEAR SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS WEB SITE OR ANY THIRD PARTY COMMUNICATIONS. IN NO EVENT SHALL HYDRO-GEAR, ITS PARTNERS, AFFILIATES, SUCCESSORS OR ASSIGNS, ITS SUPPLIERS, CUSTOMERS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEB SITE OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, MANDATARIES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES AND THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, AND ATTORNEY’S FEES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY SUCH WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT HYDRO-GEAR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS WEB SITE RESULTS IN THE NEED TO SERVICE, REPAIR OR CORRECT EQUIPMENT OR DATA, YOU ASSUME ALL COSTS OF SUCH ACTIVITIES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 

Indemnification


You agree to defend, indemnify and hold harmless Hydro-Gear; its subsidiaries, partners, affiliates and licensors; and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the Web Site, including, without limitation, any use of the Web Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Web Site.
 

Service & Repair Manuals


The Service & Repair Manuals available on this Web Site are provided as a convenience to you only. You are not authorized to download the Manuals except for personal use in connection with equipment you own or operate. You are responsible for entering the correct equipment model number, type, and trim to retrieve the correct Service & Repair Manual. Hydro-Gear is not responsible for any damages resulting from the use of an incorrect Service & Repair Manual or a Service & Repair Manual obtained from the Web Site, or resulting from your negligent acts or omissions when using such Service & Repair Manual. Hydro-Gear owns the Service & Repair Manuals which are protected by copyright laws. Permission to use any portion of the Service & Repair Manuals in any medium must be obtained from Hydro-Gear prior to such use.
 

Links to Third Party Web Sites


This Web Site may contain links to third party Web Sites as a convenience to you, but Hydro-Gear makes no representations whatsoever about those Web Sites. Any link to a third party Web Site does not imply that Hydro-Gear is affiliated with or connected to the third party linked Web Site. Hydro-Gear makes no warranties regarding the content or activities of the linked Web Site. If you choose to access the third party linked Web Site, you do so at your own risk.
 

Links to Hydro-Gear Web Site


With express permission, you may create links to the Hydro-Gear Web Site in accordance with the following terms:
 

  • The linking site may not create a browser or boarder environment or use any other techniques that alters in any way the appearance of this Web Site including any terms of use, copyright notice, and other notices.
  • The linking site may not misrepresent Hydro-Gear’s relationship with the linking site.
  • The linking site may not imply that Hydro-Gear endorses the linking site or the linking site's products or services.
  • The linking site may not use any logo or mark of Hydro-Gear without permission.
  • The linking site may not present false or misleading information about Hydro-Gear.
  • The linking site may not contain unlawful, offensive, abusive, pornographic or obscene material.


As a condition of linking to this Web Site, you agree that Hydro-Gear may terminate permission to link to this Web Site at any time. You also agree to immediately remove all links to this Web Site if asked to do so.
 

International and Export Issues


This Web Site is administered by Hydro-Gear based in Sullivan, Illinois. Hydro-Gear makes no representation that materials at this Web Site are appropriate or available for use outside the United States, and accessing the Web Site from territories where use of such material is illegal is prohibited. You may not use or export or re-export the materials at this Web Site or any copy of adaptations in violation of any applicable law or regulation including without limitation U.S. export laws and applicable regulations. If you access this Web Site from outside the United States, such access is on your own initiative and you are responsible for compliance with applicable country and local laws.
 

Forward Looking Statements


This Web Site may contain forward looking statements that might be based on assumptions concerning Hydro-Gear’s operations, prospects or future results. These forward looking statements are subject to risks and uncertainties, and certain factors may cause actual results to differ materially from the forward looking statements.
 

Governing Law


These terms and conditions are governed by the law of the State of Illinois, without giving effect to any principles of conflict of laws.
 

Unlawful Activity


Hydro-Gear reserves the right to investigate complaints or reported violations of our Terms of Use and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
 

Right to Terminate


We reserve the right to terminate the use of this Web Site and our services without notice, at our sole discretion. We may decide to cease providing our services at any time in our sole discretion.