WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS (“T&C”) MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THE SITE. BY USING THE SITE, YOU INDICATE YOUR ACCEPTANCE OF THESE T&C. IF YOU DO NOT ACCEPT THESE T&C, THEN DO NOT USE THE SITE.
PrimoPumps.com and HomeFirefightingSystems.com (“Site”) are owned by Western DataLynx, Inc. (“WD”) and are currently provided free of charge to users who agree to abide by these T&C. WD reserves the right to change the nature of this relationship at any time, and to revise these T&C from time to time as WD sees fit. Users who violate these T&C will have their access canceled and they may permanently be banned from using the Site. Users should check these T&C periodically. By using the Site after we post changes to these T&C, you agree to accept those changes, whether or not you actually reviewed them.
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
No person under the age of 13 should use the Site without the consent of their parent or legal guardian. We strongly encourage all parents and guardians to monitor the Internet use by their children. Use of the Site by any user shall be deemed to be a representation that the user is 13 years of age or older.
COPYRIGHTS, TRADEMARKS & RESTRICTIONS
The material included herein, including site design, text, graphics, and the selection and arrangement thereof are copyrighted © by WD, Inc. ALL RIGHTS RESERVED. Defend You Defensible Space®, Home FirefightingTM, other trademarks and all page headers, custom graphics, custom icons are service marks and trademarks of WD. All other trademarks, product names, and company names or logos cited herein are the property of their respective owners.
The Site and all materials on the Site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the “Materials”) are the property of WD and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by WD and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from the Site (or any other website owned or operated by WD or its subsidiaries or affiliates) without WD’s prior written permission. However, you may print in hard copy portions of the Site with the sole intent of placing an order with WD or applying for credit. Printing Materials for any other reason, or transferring Materials for use on any other website, or the modification, distribution, or republication of Materials without WD’ prior written permission is strictly prohibited. Any modification of Materials, or any portion thereof, or use of Materials for any other purpose constitutes an infringement of trademark or other proprietary rights of WD or third parties.
WD is not responsible for the content of any unaffiliated websites that may be linked to or from the Site. These links are provided for your convenience only and you access them at your own risk. Any other website accessed from the Site is independent from WD, and WD has no control over the content of that other website. In addition, a link to any other website does not imply that WD endorses or accepts any responsibility for the content or use of such other website. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by WD of that third party or of any product or service provided by a third party.
WD is concerned about privacy matters for its customers. To learn more about how we protect customer information, please review our Privacy Statement.
PRODUCT AND SERVICES INFORMATION
Most products (and some services) offered on the Site are available for delivery throughout the United States, however, prices and availability may vary and are subject to change without notice.
We attempt to display all products shown on the Site in an accurate manner, however, because of the technical differences in the equipment of our customers, we cannot be responsible for photographic differences in size, shape and color of the products.
The receipt of an email order confirmation is simply a recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any Materials on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact WD’ copyright agent (identified below) and provide the following information: A clear statement identifying the works, or other materials believed to be infringed.
A statement from the copyright holder or authorized representative that the Materials are believed to be infringing.
Sufficient information about the location of the allegedly infringing Materials so that WD can find and verify its existence.
Your name, telephone number and e–mail address.
A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner’s behalf.
A signature or the electronic equivalent from the copyright holder or authorized representative.
WD’s agent for notice of copyright issues on the Site can be reached as follows:
Western DataLynx, Inc.
Attn: Legal Department
Ref: Copyright Infringement
PO Box 1491
Pollock Pines, CA 95726
CONDUCT OF USERS
You agree that you will not: (i) transmit via or through the Site any information, data, text, files, links, software, chat, communication or other materials that is or which WD considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful or otherwise objectionable; (ii) attempt to transmit any “virus”, “trojan horse” or other software destruction or disruption device; (iii) intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to, any regulations having the force of law while using or accessing the Site or in connection with your use of the Site, in any manner; and (iv) invade the privacy or violate any personal or proprietary right (including intellectual property rights) of any person or entity.
By using the Site, you agree to indemnify the WD Parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys’ fees) incurred by them arising out of or relating to your breach or alleged breach of these T&C (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. WD reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
DISCLAIMER, LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY WD ON AN “AS IS” AND “AS AVAILABLE” BASIS. WD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF THE SITE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WD IS NOT RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
THIS SITE MAY ALSO CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. NONE OF THE WD PARTIES REPRESENTS OR ENDORSES THE ACCURACY, TIMELINESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION WILL BE AT YOUR SOLE RISK.
NONE OF THE WD PARTIES IS RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE WD PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (US$1.00).
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
WD may, in its sole discretion, terminate or suspend your access to all or part of the Site, for any reason, including without limitation, breach of these T&C. In the event these T&C are terminated, the restrictions regarding Materials appearing on the Site, and the representations and warranties, indemnities, and limitations of liabilities set forth in these T&C will survive termination. In the event that you are unsatisfied with the services provided by WD, your sole remedy is to terminate your use of the Site.
WD operates the Site from its office within the United States. WD makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations. These T&C will be governed by and construed in accordance with the laws of the State of California, as it is applied to agreements entered into and performed therein, and excluding (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce these T&C or matters related to the Site will be brought in either the State or Federal Courts of the State of California; provided, however, that notwithstanding anything contained in these T&C to the contrary, WD shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce WD’ rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of these T&C is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these T&C and the remaining provisions of these T&C will remain in force. These T&C constitute the entire agreement between you and WD concerning your use of the Site.
COMMENTS, COMPLAINTS AND QUESTIONS
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of WD, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these T&C, please contact us.