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PLEASE READ CAREFULLY

NIBCO INC. ("NIBCO") grants you access to NIBCOpartner.com ("the Site") solely for the purposes of electronic order and data retrieval from NIBCO. Access to and use of the Site shall comply with the following terms of use as well as the instructions and procedures established by NIBCO and delivered to you from time to time, either in writing or electronically ("the Terms"). NIBCO may update the Terms from time to time without notice to you. NIBCO may terminate your access to the Site at any time, without prior notice, for any or no reason. Any use of "you", "your" or "yourself" shall refer to an individual or legal entity.

NIBCO's Liability for Access to and Use of the Site
NIBCO provides access to the Site solely as a convenience to you on an "AS IS, AS AVAILABLE" basis.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NIBCO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NIBCO MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NIBCO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOU UNDERSTAND AND AGREE THAT YOU WAIVE ANY AND ALL CLAIMS AGAINST NIBCO AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND THE INFORMATION CONTAINED THEREIN.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER NIBCO NOR ITS EMPLOYEES, AGENTS OR REPRESENTATIVE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A MATTER OF LAW. ACCORDINGLY, IN SUCH A CASE, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Registration Obligations
In consideration of your access to and use of the Site, you agree to: (a) provide accurate and complete information about yourself as prompted by the Site's registration form ("the Information") and (b) maintain and promptly update the Information to keep it accurate and complete. NIBCO has the right to suspend or terminate your current or future access to or use of the Site (or any portion thereof) if you provide any information that is inaccurate or incomplete.

Your Account, Password, & Security
You will receive a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account. You are also solely and fully responsible for all activities that occur in connection with your password or account. You agree to immediately notify NIBCO of any unauthorized use of your password or account.

Member Conduct
All information transmitted to or through the Site is the sole responsibility of the person from which said information originated. You are solely and fully responsible for all information that you upload, post, email or otherwise transmit via the Site. NIBCO does not guarantee the accuracy, integrity or quality of such any information transmitted to or displayed on the Site. NIBCO shall not be liable in any way for any information, including, but not limited to, any errors or omissions in any information, or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed or otherwise transmitted via the Site.

International Use
You agree to comply with all local rules regarding online conduct and the transmission of information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Indemnification
You agree to indemnify and hold NIBCO, and its subsidiaries, affiliates, officers, agents, employees and representatives, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any information transmitted by you, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any other rights hereunder.

No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Termination
NIBCO, in its sole discretion, may terminate your password, account (or any part thereof) or access to or use of the Site, and remove and discard any transmitted information within the Site, for any reason. NIBCO may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that NIBCO may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that NIBCO shall not be liable to you or any third-party for any termination of your access to the Site.

Links
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. NIBCO is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from such sites or resources. NIBCO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such site or resource.

Confidential and Proprietary Information
You will be exposed to content in the Site that is confidential and proprietary to NIBCO, including, without limitation, pricing and inventory information. You shall maintain all such information in strict confidence and use it only in a manner consistent with the purpose of advancing the relationship between NIBCO and you. You acknowledge and agree that NIBCO retains all ownership in content displayed on the Site and communications transmitted through the Site. Except as expressly authorized in writing by NIBCO, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.

NIBCO does not want to receive confidential or proprietary information from you through the Site. Any information or material sent to NIBCO will be deemed not to be confidential. By sending NIBCO any information or material, you grant NIBCO an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material or information, and you also agree that NIBCO is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Copyright
NIBCO owns or is the authorized user or licensee of the content (including, without limitation, all text, photographs, artwork, graphics, names, logos, service marks and trademarks) displayed on the Site. NIBCO authorizes you to view, copy and print the content displayed on the Site solely for your personal, non-commercial use; provided, however, that any copy of any content (or portion thereof) which you make shall include all copyright and other proprietary notices. Any other reproduction, retransmission, redistribution, publication, broadcast or circulation of any content on the Site without the express prior written consent of NIBCO is strictly prohibited.

All content, including, without limitation, all text, photographs, artwork, graphics, names, logos, service marks and trademarks used with the Site are Copyright Ó 1999 NIBCO INC., 1516 Middlebury Street, Elkhart, Indiana 46515 U.S.A. ALL RIGHTS RESERVED.

Trademarks
NIBCO, Worldwide Choice in Flow Control, Chemtrol, JustRight, TruConnect, Turf Bubbler, NIBCO.Single Source.Multiple Solutions, and all other NIBCO logos and product names are either registered trademarks or trademarks of NIBCO. All other names of companies and products mentioned herein may be the trademarks of their respective owners. All rights not expressly granted herein are reserved. All NIBCO trademarks may not be copied or used, in whole on in part, without the prior written consent of NIBCO.

Patents
Nothing contained in these Terms of Use shall be construed as conferring upon any user of the NIBCOPartner.com website, either directly or by implication, estoppel or otherwise, any right or license under any patent rights, patent applications, trade secrets or any other rights or licenses, and no such rights or licenses shall arise from the use of the NIBCOPartner.com website.

Copyright Complaints
NIBCO respects the intellectual property of others, and we ask our users to do the same.  If you believe that your work has been copied and is accessible on the NIBCOPartner.com website, in a way that constitutes copyright infringement, you may notify us by providing us a written notice that includes the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
  • A description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location of the NIBCOPartner.com website where the material that you claim in infringing is located.
  • Your address, telephone number and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
  • A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf.

General Information
The Terms constitute the entire agreement between you and NIBCO regarding your use of the Site, unless an expressed written agreement has been executed between you and NIBCO in which case said executed agreement would apply to the extent there is a conflict between the Terms and said agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and NIBCO shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. Unless NIBCO elects otherwise, all actions or proceedings arising under or as a result of the Terms or the relationship between you and NIBCO shall tried, litigated or arbitrated in the courts located in the Northern District of Indiana. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Northern District of Indiana. The failure of NIBCO to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The titles in the Terms are for convenience only and have no legal or contractual affect.

General Disclaimer
NIBCO does not represent or endorse the accuracy or reliability of any of the information, content or advertisements (collectively, the "Materials") contained on, distributed through, or linked, downloaded or accessed from the Site, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Site (the "Products"). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. NIBCO reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Site or the Materials. NIBCO makes no representations concerning any endeavor to review the content of sites linked to this site or any of the Materials, and NIBCO isn't responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in the directory or in the Materials.

Limitation of Liability
NIBCO does not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use NIBCO websites or the material, information software, facilities, services, or other content on NIBCO websites, regardless of the basis upon which liability is claimed and even if NIBCO has been advised of the possibility of such loss or damage, without limitation, you (and not NIBCO) assume the entire cost of all necessary servicing, repair or correction in the event of any such loss or damage arising.  If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitation will apply to you only to the extent permitted by applicable law.