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Disclaimer
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE.
All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright
The entire content included in this site, including but not
limited to text, graphics or code is copyrighted as a collective
work under the United States and other copyright laws, and is
the property of Phoenix Pumps, Inc.. The collective work includes
works that are licensed to Phoenix Pumps, Inc.. Copyright 2006, Phoenix Pumps, Inc.
ALL RIGHTS RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site
for the sole purpose of placing an order with Phoenix Pumps, Inc.
or purchasing Phoenix Pumps, Inc. products. You may display and,
subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of the
material from the different areas of the site solely for your
own non-commercial use, or to place an order with Phoenix Pumps, Inc.
or to purchase Phoenix Pumps, Inc. products. Any
other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this
site is strictly prohibited, unless authorized by Phoenix Pumps, Inc.. You further agree not to change or delete any
proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Phoenix Pumps, Inc.
used in the site are trademarks or registered
trademarks of Phoenix Pumps, Inc.
Warranty
Disclaimer
This site and the materials and products on this site are
provided "as is" and without warranties of any kind,
whether express or implied. To the fullest extent permissible
pursuant to applicable law, Phoenix Pumps, Inc. disclaims all
warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a
particular purpose and non-infringement. Phoenix Pumps, Inc. does
not represent or warrant that the functions contained in the
site will be uninterrupted or error-free, that the defects will
be corrected, or that this site or the server that makes the
site available are free of viruses or other harmful components. Phoenix Pumps, Inc.
does not make any warrantees or representations
regarding the use of the materials in this site in terms of
their correctness, accuracy, adequacy, usefulness, timeliness,
reliability or otherwise. Some states do not permit limitations
or exclusions on warranties, so the above limitations may not
apply to you.
Limitation
of Liability
Phoenix Pumps, Inc. shall not be liable for any special or
consequential damages that result from the use of, or the
inability to use, the materials on this site or the performance
of the products, even if Phoenix Pumps, Inc. has been advised of
the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may
not apply to you.
Typographical
Errors
In the event that a Phoenix Pumps, Inc. product is mistakenly
listed at an incorrect price, Phoenix Pumps, Inc. reserves the
right to refuse or cancel any orders placed for product listed
at the incorrect price. Phoenix Pumps, Inc. reserves the right to
refuse or cancel any such orders whether or not the order has
been confirmed and your credit card charged. If your credit card
has already been charged for the purchase and your order is
cancelled, Phoenix Pumps, Inc. shall issue a credit to your credit
card account in the amount of the incorrect price.
Term;
Termination
These terms and conditions are applicable to you upon your
accessing the site and/or completing the registration or
shopping process. These terms and conditions, or any part of
them, may be terminated by Phoenix Pumps, Inc. without notice at
any time, for any reason. The provisions relating to Copyrights,
Trademark, Disclaimer, Limitation of Liability, Indemnification
and Miscellaneous, shall survive any termination.
Notice
Phoenix Pumps, Inc. may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the
address you have provided to Phoenix Pumps, Inc..
Miscellaneous
Your use of this site shall be governed in all respects by the
laws of the state of Arizona, U.S.A., without regard to choice
of law provisions, and not by the 1980 U.N. Convention on
contracts for the international sale of goods. You agree that
jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including
but not limited to the purchase of Phoenix Pumps, Inc. products)
shall be in the state or federal courts located in Maricopa
County, Arizona. Any cause of action or claim you may have with
respect to the site (including but not limited to the purchase
of Phoenix Pumps, Inc. products) must be commenced within one (1)
year after the claim or cause of action arises. Phoenix Pumps, Inc.'s failure to insist upon or enforce strict
performance of any provision of these terms and conditions shall
not be construed as a waiver of any provision or right. Neither
the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. Phoenix Pumps, Inc.
may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Use
of Site
Harassment in any manner or form on the site, including via
e-mail, chat, or by use of obscene or abusive language, is
strictly forbidden. Impersonation of others, including a Phoenix Pumps, Inc.
or other licensed employee, host, or
representative, as well as other members or visitors on the site
is prohibited. You may not upload to, distribute, or otherwise
publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or
publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate
the rights of any party or which may otherwise give rise to
liability or violate any law. You may not upload commercial
content on the site or use the site to solicit others to join or
become members of any other commercial online service or other
organization.
Participation
Disclaimer
Phoenix Pumps, Inc. does not and cannot review all communications
and materials posted to or created by users accessing the site,
and is not in any manner responsible for the content of these
communications and materials. You acknowledge that by providing
you with the ability to view and distribute user-generated
content on the site, Phoenix Pumps, Inc. is merely acting as a
passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities
on the site. However, Phoenix Pumps, Inc. reserves the right to
block or remove communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation of a copyright,
trademark or; other intellectual property right of another or
(d) offensive or otherwise unacceptable to Phoenix Pumps, Inc. in
its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Phoenix Pumps, Inc., its officers, directors, employees, agents,
licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees, resulting from
any violation of these terms and conditions or any activity
related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using
your Internet account.
Third-Party
Links
In an attempt to provide increased value to our visitors, Phoenix Pumps, Inc.
may link to sites operated by third parties.
However, even if the third party is affiliated with Phoenix Pumps, Inc.,
Phoenix Pumps, Inc. has no control over these
linked sites, all of which have separate privacy and data
collection practices, independent of Phoenix Pumps, Inc.. These
linked sites are only for your convenience and therefore you
access them at your own risk. Nonetheless, Phoenix Pumps, Inc. seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only
its own site, but for sites it links to as well (including if a
specific link does not work).
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