TERMS OF USE
Introduction
Welcome to www.NeptuneWasher.com. This site is provided by www.NeptuneBearing.com.
(referred to throughout this site as "NeptuneWasher.com") as a service to our customers.
Please review the following rules that govern your use of the www.NeptuneWasher.com
site (the "Agreement"). Please note that your use of the NeptuneWasher.com site (the
"Site") constitutes your unconditional agreement to follow and be bound by these
Terms of Use. Although you may "bookmark" a particular portion of this Site and thereby
bypass this Agreement, your use of this Site still binds you to these Terms of Use.
NeptuneWasher.com reserves the right to update or modify these Terms of Use at any
time without prior notice to you. Your use of the Site following any such change
constitutes your unconditional agreement to follow and be bound by these Terms of
Use as changed. For this reason, we encourage you to review these Terms of Use whenever
you use this Site.
Use of this Site
By accepting these Terms of Use through your use of the Site, you
certify that you are 18 years of age or older. If you are under the age of 18 but
at least 13 years of age you may use this Site only under the supervision of a parent
or legal guardian who agrees to be bound by these Terms of Use. NeptuneWasher.com
does not intentionally collect personal information about children under the age
of 13. Children under the age of 13 may not use this Site and parents or legal guardians
may not agree to these Terms of Use on their behalf. If you are a parent or legal
guardian agreeing to these Terms of Use for the benefit of a child between the ages
of 13 and 18, be advised that you are fully responsible for his or her use of this
Site, including all financial charges and legal liability that he or she may incur.
If you do not agree to (or cannot comply with) any of these terms and conditions,
do not use this Site. All billing and registration information provided must be truthful
and accurate. Providing any untruthful or inaccurate information may constitute a
breach of these Terms of Use. By confirming your purchase at the end of the checkout
process, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs,
diagrams, programs, video clips and written and other materials that are part of
this Site (collectively, the "Contents") are intended solely for personal, non-
REPAIR MATERIALS, DOCUMENTS AND ADVICE: All of the repair information, advice, instructions, data, and other Troubleshooting materials are provided to you free of charge (collectively, the “Repair Materials”). As such, NeptuneWasher.com does not make any representations or warranties with respect to any Repair Materials or the results you will achieve through their use. NeptuneWasher.com DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU OR OTHERWISE WITH RESPECT TO THE REPAIR MATERIALS. NeptuneWasher.com is not, nor will it be, liable for any personal or property injury, damage and/or liability, whether in the form of direct, indirect, consequential, special, exemplary or other damages, arising out of your use of or reliance upon the Repair Materials, or the acts or omissions of NeptuneWasher.com in relation to the Repair Materials.
You may not, without NeptuneWasher.com prior express written permission, "mirror" any Contents or Repair Materials contained on this Website on any other server.
Site Security
Users are prohibited from violating or attempting to violate the security
of the Site, including, without limitation, (a) accessing data not intended for such
user or logging onto a server or an account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a system or network or
to breach security or authentication measures without proper authorization; (c) attempting
to interfere with service to any user, host or network, including, without limitation,
via means of submitting a virus to the Site, overloading, "flooding," "spamming,"
"mailbombing" or "crashing;" (d) sending unsolicited email, including promotions
and/or advertising of products or services; or (e) forging any TCP/IP packet header
or any part of the header information in any email or newsgroup posting. Violations
of system or network security may result in civil or criminal liability. NeptuneWasher.com
will investigate occurrences that may involve such violations and may involve, and
cooperate with, law enforcement authorities in prosecuting users who are involved
in such violations. You agree not to use any device, software or routine to interfere
or attempt to interfere with the proper working of this Site or any activity being
conducted on this Site. You agree, further, not to use or attempt to use any engine,
software, tool, agent or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents) to navigate or search this
Site other than the search engine and search agents available from NeptuneWasher.com
on this Site and other than generally available third party web browsers (e.g., Microsoft
Explorer, Netscape Navigator, etc.).
Order Acceptance
Please note that there may be certain orders that we are unable to
accept and must cancel. We reserve the right, at our sole discretion, to refuse or
cancel any order for any reason. For your convenience, you will not be charged until
your payment method is authorized, the order information is verified for accuracy
and your order is shipped. Some situations that may result in your order being canceled
include limitations on quantities available for purchase, inaccuracies or errors
in product or pricing information, or problems identified by our credit and fraud
avoidance department. We may also require additional verifications or information
before accepting any order. We will contact you if all or any portion of your order
is canceled or if additional information is required to accept your order. If your
order is canceled after your credit card has been charged, we will issue a credit
to your credit card in the amount of the charge.
Pricing Information
Prices and availability are subject to change without notice.
Copyrights and Trademarks
Unless otherwise noted, all Contents are copyrights, trademarks,
trade dress and/or other intellectual property owned, controlled or licensed by NeptuneWasher.com,
one of its affiliates or by third parties who have licensed their materials to NeptuneWasher.com
and are protected by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all Contents on this site is the exclusive
property of NeptuneWasher.com and is also protected by U.S. and international copyright
laws.
NeptuneWasher.com and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of NeptuneWasher.com’s or any third party's intellectual property rights.
The NeptuneWasher.com logos and all related product and service names, design marks and slogans are the trademarks or service marks of www.NeptuneBearing.com. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply NeptuneWasher.com’s endorsement, sponsorship or recommendation of the third party, information, product or service. NeptuneWasher.com is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
User Reviews, Feedback, Submissions, Comments, Inventions
All reviews, comments, questions,
feedback, postcards, suggestions, ideas, directions, instructions, and other submissions
disclosed, submitted or offered to NeptuneWasher.com on or by this Site or otherwise
disclosed, submitted or offered in connection with your use of this Site (collectively,
the "Comments") shall be and remain NeptuneWasher.com’s property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to NeptuneWasher.com
of all worldwide rights, titles and interests in all copyrights and other intellectual
properties in the Comments.
Thus, NeptuneWasher.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. NeptuneWasher.com will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. NeptuneWasher.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
NeptuneWasher.com does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant NeptuneWasher.com the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify NeptuneWasher.com and its affiliates for all claims resulting from any Comments you submit.
NeptuneWasher.com and its affiliates take no responsibility and assume no liability for any Comments submitted or used by you or by any third party, or submitted by NeptuneWasher.com or its affiliates. You agree that your use of or reliance on any of the Comments shall be at your own risk.
Indemnification
You agree to defend, indemnify and hold harmless NeptuneWasher.com
and its affiliates from and against any and all claims, damages, costs and expenses,
including attorneys' fees, arising from or related to your use of the Site.
Termination
These Terms of Use are effective unless and until terminated by either
you or NeptuneWasher.com. You may terminate this Agreement at any time, provided
that you discontinue any further use of this Site. NeptuneWasher.com also may terminate
this Agreement at any time and may do so immediately without notice, and accordingly
deny you access to the Site, if in NeptuneWasher.com’s sole discretion you fail to
comply with any term or provision of this Agreement. Upon any termination of the
Agreement by either you or NeptuneWasher.com, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such materials,
whether made under the Terms of Use or otherwise. NeptuneWasher.com’s rights to any
Comments, and rights to indemnity, shall survive any termination of this Agreement.
Disclaimer
THIS SITE IS PROVIDED BY NeptuneWasher.com ON AN "AS IS" AND "AS AVAILABLE"
BASIS. NeptuneWasher.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
NeptuneWasher.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NeptuneWasher.com DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY
YOUR USE OF THE NeptuneWasher.com WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR
SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE
MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY,
WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL NeptuneWasher.com
OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS
BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY EXEMPLARY, PUNITIVE, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN
CONNECTION WITH THE USE OF OR INABILITY TO USE THE NeptuneWasher.com WEB SITE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF NeptuneWasher.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL V BE LIABLE FOR ANY DAMAGES IN EXCESS
OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH
PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
General
This Agreement represents the complete agreement between the parties and supersedes
all prior agreements and representations between them. Headings used in these Terms
of Use are for reference purposes only and in no way define or limit the scope of
the section. If any provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to make it
enforceable and the other terms of this Agreement shall remain in full force and
effect. The failure of NeptuneWasher.com to act with respect to a breach of this
Agreement by you or others does not constitute a waiver and shall not limit NeptuneWasher.com’s
rights with respect to such breach or any subsequent breaches. This Agreement cannot
be modified or waived except in a writing signed by the President of NeptuneWasher.com.
This Agreement shall be governed by and construed under Ohio law without regard to
conflicts of law provisions. Any action or proceeding arising out of or related to
this Agreement or your use of this Site must be brought in the state or federal courts
located in Franklin County, Ohio, and you consent to the exclusive venue in and personal
jurisdiction of said courts.
Your Representations
You represent that you are not under any legal or other disability
which limits your ability to comply with these Terms or to install and use the products
you purchase with minimal risk of harm to you or others. You further represent that
you are not purchasing the products for resale to others and will not do so without
NeptuneWasher.com’s prior written consent.
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