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Introduction
This document sets forth the terms and conditions ("Terms and Conditions")
governing your use of the Internet web site operated by PumpOne, LLC. ("PumpOne,
LLC "), located at "www.PumpOne.com" (the "Site"),
and the information and services made available on and through the Site.
Please read these Terms and Conditions carefully. These Terms and Conditions
will form a binding Agreement between you, the user, and PumpOne, LLC .
Acceptance of Terms and Conditions
Your use of the Site indicates your acceptance of these Terms and Conditions.
If you do not accept these Terms and Conditions, you may not use the Site.
The use of the Site is a privilege. Please review these Terms and Conditions
each time you use the Site as they are subject to change at any time by
PumpOne, LLC without notice to you. Any changes to these Terms and
Conditions will
be effective immediately upon posting to the Site. PumpOne, LLC reserves
the right to suspend your use of the Site for any reason at any time, in
its sole discretion.
Intellectual Property
The text, graphics, designs, logos, button icons, images, audio clips,
data compilations and information ("Content") contained on the Site
are owned or controlled by PumpOne, LLC or its respective owners and are
protected by United States and international copyright laws. You may download
Content solely for your personal use for non-commercial purposes. You may
not modify or further reproduce the Content for any purpose whatsoever.
All logos and trademarks displayed on the Site are registered trademarks
or trademarks of PumpOne, LLC or are the marks, trade names, trade dress
of their respective owners. Depictions of products or services on the Site
are trademarks of their respective owners ("Trademarks") and are
protected in the United States and internationally. No use of any Trademarks
may be made without the prior written authorization of PumpOne, LLC or the
respective owners of the Trademarks except to identify the products or services
associated therewith.
Nothing contained herein shall be construed as conferring any license
or right to any patents, copyright or trademark embodied in the Site.
All right,
title and interest in the Content and the Trademarks shall reside solely
with PumpOne, LLC or the respective owners thereof.
PumpOne, LLC does not want to receive confidential or proprietary information
from you through the Site and any information or material sent to PumpOne,
LLC through the Site in respect of any products or service referenced or
offered on the Site will be deemed NOT to be confidential. By sending PumpOne,
LLC any information or material regarding our services, you grant PumpOne,
LLC an unlimited, worldwide, irrevocable right and license to use, reproduce,
display, perform, modify, transmit and distribute those materials or information,
and you also agree that PumpOne, LLC is free to use any ideas, inventions,
concepts, know-how or techniques that you send PumpOne, LLC for any purpose.
Such purposes may include disclosure to third parties and/or developing,
manufacturing and/or marketing goods or services.
Representations of User
By using the Site, you hereby represent and warrant that: (i) all information
contained in any submission by you is either owned by you or rights have
been granted to you permitting you to disseminate the information as set
forth in these Terms and Conditions; and (ii) the information contained
in any submissions by you does not infringe on the intellectual property
rights
of others, including but not limited to, copyright, trademark, patent,
or trade secret rights.
Limitations on Information Submitted
Any submission of information by you through the Site or to PumpOne,
LLC is subject to the following guidelines and restrictions:
1. It may not contain URLs or links to any other Internet web sites;
2. It may not contain copyrighted material (unless you own the copyright
or have
the owner's permission to post the copyrighted material);
3. It may not contain trade secrets (unless you own them or have the owner's
permission to post them);
4. It may not contain material that infringes on the intellectual property rights
of others, including but not limited to copyright, trademark, patent, or trade
secret rights;
5. It may not contain information that is known by you to be untrue, false or
misleading or that does not fairly or accurately depict or describe the subject
matter that is the subject of the information posted by you;
6. It may not present information which impersonates another person, whether
living or dead, misstate the identity of any person, or misstate or mislead as
to gender or age;
7. It may not contain viruses, bots, Trojan horses or other programs or information
which disrupts or interferes with the operation of the Site;
8. It may not be sent for the purpose of "flooding", "mailbombing" or "crashing" the
Site;
9. You may not solicit money, investments or make any offering of securities
or investments;
10. You may not submit chain letters or pyramid schemes.
Monitoring of Information
PumpOne, LLC does not assume any obligation to review the accuracy,
completeness, truthfulness or content of any information submitted
to the Site by you, other
users of the Site, or of companies offering products or services on the Site.
Notwithstanding, PumpOne, LLC may in its discretion review information submitted
to the Site for any purpose whatsoever and it reserves the right, in its sole
discretion, to reject any information submitted to the Site for any reason
whatsoever.
Hyperlinks
From time to time, as a convenience to you, the Site may include links
to third party web sites, or permit third parties to link to this
Site. Links to or from
a third party web site, whether provided by PumpOne, LLC or not, do not imply
any affiliation between PumpOne, LLC and the site owner, or an endorsement
of such third party sites. We may cancel any link at any time and
will remove any
link from this Site upon request from the owner of the linked site. Such requests
should be emailed to info@PumpOne.com.
Availability
Not all of the products and services described on this Site are available
in all geographic areas of the world. You may not be eligible for
all of the described
products or services and we reserve the right to determine the eligibility
of any user for any product or service. The pages relating to each
product or service
may provide additional information on the availability of each product or service
and may contain additional terms governing eligibility.
Children
This Site does not intend to market any products or services to children.
PumpOne, LLC does not knowingly gather, or solicit data, from children
through this Site
for marketing purposes.
Accuracy of Content
PumpOne, LLC will make every reasonable effort to include accurate
and up to date content on the Site. Notwithstanding, PumpOne, LLC
provides such content
for informational purposes only and does not warrant or represent that descriptions
of services or other content contained on the Site is complete, accurate, reliable,
current or error-free.
Disclaimer
THE SITE AND THE INFORMATION ON THIS SITE IS PROVIDED “AS IS” WITHOUT
ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
PUMPONE, LLC MAKES NO REPRESENTATION OR WARRANTY THAT THE INFORMATION CONTAINED
ON THIS SITE WILL BE CURRENT, TIMELY, COMPLETE, ACCURATE OR ERROR FREE. PUMPONE LLC HAS NOT REVIEWED ALL THE SITES THAT MAY BE LINKED TO ITS SITE AND DOES NOT
ENDORSE AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY OFF-SITE PAGES OR ANY OTHER
SITES LINKED TO THESE SITES. YOUR LINKS TO SUCH SITES IS AT YOUR OWN RISK. TO
THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT
ACCESSIBLE ON THE SITE, OR ANY OTHER WEB SITE TO WHICH THIS SITE LINKS, IS WARRANTED
ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED. IN NO EVENT SHALL PUMPONE, LLC BE
LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL
DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY LINKED WEB SITE, INCLUDING, WITHOUT
LIMITATION, ANY PROFITS, BUSINESS INTERRUPTION OR OTHERWISE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PUMPONE, LLC HARMLESS FROM
AND AGAINST ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTIONS, DAMAGES,
COSTS AND EXPENSES,
INCLUDING BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS OF SUIT, ARISING OUT
OF YOUR BREACH OF THESE TERMS AND CONDITIONS.
Governing Law and Venue
These Terms and conditions are governed by the internal substantive
laws of the State of New York in the United States of America, without
respect to its conflict
of laws principles. Jurisdiction and venue for any claims arising under from
the use of the Site or these Terms and Conditions shall lie exclusively with
the state and federal courts within the State of New York. You hereby irrevocably
consent to the jurisdiction of the state and federal courts within the State
of New York.
If any provision of these Terms and Conditions is found to be invalid
by any court having competent jurisdiction, the invalidity of such provision
shall not
affect the validity of the remaining provisions of these Terms and Conditions,
which shall remain in full force and effect. The failure of PumpOne, LLC to
enforce any term or condition of these Terms and Conditions shall not
be deemed a waiver
thereof and shall not prevent its later enforcement.
Changes
The information contained in these Terms and Conditions may be changed
or updated by PumpOne, LLC from time to time and without prior notice
by posting the modified
Terms and Conditions to the Site. PumpOne, LLC may also make improvements and/or
changes in the products and/or the programs described in this information at
any time without notice. It is your obligation to review these Terms and Conditions
on an ongoing basis. Your continued use of the Site constitutes your agreement
to these Terms and Conditions. If at any time you do not agree to these Terms
and Conditions, you must cease your use of this Site.
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