Last Revised: March 4, 2016
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENT IS SUBJECT TO ALL TERMS CONTAINED IN THESE TERMS AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms are subject to be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. Should the Terms be revised, Flushmate will post the changes on this Site and the new Terms will be effective immediately upon posting. If Flushmate makes any material changes to the Terms, in addition to posting the revised Terms to this Site, Flushmate will notify you in the manner and to the extent required by law. You can determine when the Terms were last revised by referring to the "Last Revised" date at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.
Flushmate may make changes to the Site or its contents, products, services or features at any time. You understand and agree that Flushmate may discontinue or restrict your use of the Site at any time for any reason with or without notice.
2. PERMITTED USERS OF THE SITE
The Site is directed to persons 18 years of age or older. If you are under age 18, you are not permitted to submit any personally identifiable information to Flushmate on the Site or offline. If you provide information to Flushmate through the Site, you represent that you are at least 18 years of age or of an age to form a legally binding contract and you are not prohibited from receiving services or purchasing products available on or through the Site under the laws of the United States or any other applicable jurisdiction.
4. PERMITTED USES
Any content available through the Site, including without limitation any text, documents, drawings, graphics, audio, animation, videos, logos, icons, images, media, data, charts, maps, product information, software and other information and materials (the "Content") is the sole and exclusive property of Flushmate, its licensors, or other content providers.
The Content is made available for only your personal, noncommercial use, other than with respect to use of the Site for entering purchase orders for the Organization you represent as an authorized agent. You agree to abide by any posted limitations relating to use, reproduction or dissemination of any Content. Any use of the Site or Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law.
5. PROPRIETARY RIGHTS
You acknowledge and agree that, as between Flushmate and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, brands, trade secrets, inventions, know-how, and all other intellectual property rights, are owned exclusively by Flushmate or its content providers, affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and are protected by United States intellectual property and other applicable laws.
Copyright: All Content is the copyright and property of Flushmate or its content providers, affiliates, suppliers, vendors, merchants, licensors, or Activities partners or sponsors, and protected by U.S. and international copyright laws. You agree not to copy, modify, distribute, transmit, republish, sell, resell or exploit, for any purpose, any portion of the Site or the Content other than as expressly authorized by Flushmate in writing.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to Flushmate or its affiliates, suppliers, vendors, merchants, licensors, content providers, or Activities partners or sponsors. Third party trademarks referenced in the Site do not constitute or imply affiliation with, endorsement of, or recommendation of Flushmate by the respective trademark owners, or by Flushmate of the respective trademark owners. Without limitation, Flushmate® is a trademark registered in the United States Patent and Trademark Office and owned by Sloan Valve Company.
6. ACCOUNT PASSWORD AND SECURITY
The Site contains some features that require registration of a username and password ("Account"), including the password-protected account through which you can place orders via the Site. You agree to provide only accurate and truthful information in creating or maintaining an Account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. If you are using your Account on behalf of an entity or third party, you represent that you have authority from such entity or third party to use such Account and to act on behalf of such entity or third party. When you register for your login information and each time you access your account, you agree to (a) log out of the Account at the end of each session; (b) keep the password confidential and not share it with anyone else; and (c) immediately notify Flushmate of any unauthorized use of the password or Account or any other breach of security. Flushmate reserves the right to delete, modify or remove any content on any Account at any time in its sole discretion. You are solely responsible to backup any content that you do not want deleted, modified or removed from the Account. Flushmate is authorized to act on instructions received through use of your Account. This includes any purchases you make through the Site on behalf of the Organization that you represent, and Flushmate is not liable for any loss or damage arising from your failure to comply with this Section.
7. YOUR INDEMNITY OF FLUSHMATE
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FLUSHMATE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, CONTENT PROVIDERS, AFFILIATES, PARTNERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, SUPPLIERS, VENDORS, ACTIVITIES PARTNERS AND SPONSORS, BROKERS, MERCHANTS, ADVERTISERS AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING (COLLECTIVELY, THE "FLUSHMATE PARTIES"), FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DEMAND, ACTION, DAMAGE, LIABILITY, PENALTY, FINE, COST OR EXPENSE (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES), WHETHER INCURRED BY OR MADE AGAINST A FLUSHMATE PARTY AND WHETHER MADE BY YOU, OR ON YOUR BEHALF, OR BY ANY THIRD PARTY DUE TO, ARISING OUT OF OR RELATING TO (A) YOUR USE OF OR RELIANCE ON THE SITE OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITY AVAILABLE THROUGH THE SITE, OR YOUR DEALINGS IN CONNECTION WITH THE SITE, (B) YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITE OR TO FLUSHMATE; (C) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF FLUSHMATE OR ANY THIRD PARTY; AND (D) ANY ACTIVITY RELATED TO ACCESS OR USE OF YOUR ACCOUNT OR PASSWORD WHETHER BY YOU OR ANY OTHER PERSON, OR ANY USE OF FLUSHMATE'S ONLINE ORDERING SYSTEM.
8. LINKS TO OTHER WEBSITES
The Site may contain advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. Flushmate is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties' products or services do not imply Flushmate's endorsement of information, material, products or services of any other party or any other website. Flushmate disclaims all liability with regard to your access to and use of any information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that Flushmate is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
9. MODIFICATIONS, SUSPENSION AND TERMINATION
Flushmate reserves the right at any time to modify, suspend or discontinue, temporarily or permanently, the Site, its Content, including, without limitation, product parts, prices, and sales terms, or Activities, or any portion thereof, with or without notice. You agree that Flushmate will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, its Content, or Activities or any portion thereof.
Flushmate reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Site, Content or any part thereof for any reason or no reason at all, including without limitation any breach by you of these Terms. You agree that Flushmate shall not be liable to you or any third party for any such suspension, discontinuance or termination.
10. DISCLAIMERS AND LIMITATION OF LIABILITY
WITH THE EXCEPTION OF THE LIMITED WARRANTY AVAILABLE AT www.flushmate.com/warranty/ FOR CERTAIN PRODUCTS, THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED TO YOU ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FLUSHMATE MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND ITS CONTENT IS AT YOUR SOLE RISK.
FLUSHMATE MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLUSHMATE AND ALL OF THE FLUSHMATE PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, IN LAW OR IN EQUITY, AND FURTHER DISCLAIM ALL LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE OR THE CONTENT, EVEN IF FLUSHMATE OR ANY OF THE FLUSHMATE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
11. NOTICE REQUIRED BY CALIFORNIA LAW
Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of this service is Flushmate, a Division of Sloan Valve Company, 30075 Research Drive, New Hudson, MI 48165, 800.533.3450. Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to firstname.lastname@example.org.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
12. PRODUCTS AND SERVICES
Unless otherwise prohibited by law, we reserve the right to change or substitute any products or services offered on the Site, and the prices or specifications of any such products or services, at any time and from time to time without any notice or liability to you or any other person. We reserve the right to limit quantities of products or services described on the Site, and to decline any purchase. The products or services described on the Site may be out of date or differ slightly from the actual products or services offered, sold or provided by Flushmate. Products or services described on the Site may not be available at all times or in all locations.
By placing an order on the Site you represent that you have the authority to both place and direct payment for the order. If you are paying for your order via credit or debit card, you represent that you are an authorized user of the credit or debit card, and authorize Flushmate or its designee to charge the credit and debit card you provided in the amount specified at checkout prior to completion of the order. You agree not to dispute the payment with your credit card company or bank, so long as the transaction corresponds to the terms provided to you at the time you placed your order.
14. GOVERNING LAW AND DISPUTES
The Site is controlled within the United States of America and is directed to individuals residing in the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Flushmate does not represent that the Site or its Content is appropriate outside the United States of America. Flushmate reserves the right to limit the availability of the Site for any person, geographic area or jurisdiction at any time in its sole discretion.