TERMS OF USE

Terms of Access, OR Terms of Use

PLEASE REVIEW THESE TERMS OF ACCESS. ALL ACCESS TO AND USE OF THIS WEB SITE IS GOVERNED BY THESE TERMS. HYFLOW CONTROLS WEBSITE. Hyflow Controls, Inc. and its subsidiaries ("HF") grants you ("User" or “Customer”) access to hyflowcontrols.com ("Site") solely for the purposes of accessing information about “HF” and for electronic order and data retrieval from “HF” . Access to and use of the Site shall comply with and be subject to the instructions and procedures established by “HF” and delivered to User from time to time, either in writing or electronically through these Terms which may be amended from time to time without specific notice to User by posting on this Site. “HF” may terminate User's access at any time, without prior notice, for any or no reason. User is responsible for maintaining the confidentiality of its account number and/or password and is responsible for all uses of its account, whether or not actually or expressly authorized by User. User shall immediately notify “HF” if either its password or user id is used in any unauthorized manner. User shall not resell or transfer its access to or use of the Site. NEITHER USER, ANY USERS OF ITS ACCOUNT NOR ANY OTHER USER OF THIS SITE SHALL MODIFY OR TAMPER IN ANY WAY WITH THE SITE, INCLUDING WITHOUT LIMITATION, ANY SOFTWARE, DATA, OR FUNCTIONALITY THEREOF NOR USE ANY AUTOMATED PROCEDURE OR ANY OTHER MEANS TO GATHER DATA FROM THIS SITE FOR ANY REASON OTHER THAN THE AUTHORIZED USE OF THE SITE.

LIABILITY FOR ACCESS TO AND USE OF SITE

“HF” provides access to the Site solely as a convenience to User on an as available basis. “HF” has made efforts to make this Site helpful and easy to use however, due to the open structure of this Site, and the potential for errors in the development, storage and transmission of electronic content “HF” does not warrant that the Site content is free of inaccuracies or errors. ALL CONTENT ON THIS SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. “HF” DOES NOT WARRANT THAT THE INFORMATION CONTAINED ON THIS SITE WILL BE UNINTERUPPTED OR THAT THIS SITE OR THE SERVER FROM WHICH THIS SITE IS OPERATED OR MAINTAINED IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL RESPONSIBILITY OR LIABILTY FOR ANY DAMAGES CAUSED BY ANY SUCH VIRUSES OR HARMFUL COMPONENTS IS HEREBY DISCLAIMED. USER WAIVES ANY AND ALL CLAIMS AGAINST “HF” AND ITS AFFILIATES,EMPLOYEES, AGENTS AND REPRESENTATIVES ARISING OUT OF USER'S ACCESS TO AND USE OF THE SITE AND THE INFORMATION CONTAINED THEREIN. IN NO EVENT SHALL “HF” OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHER GROUNDS, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO OR INABILITY TO ACCESS, OR ANY DELAY OR INTERRUPTION IN ACCESSING, THE SITE OR THE USE OF SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN “HF” AND USER. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM “HF” THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. The images shown on the Site are for representational purposes only and may not portray the actual product. “HF” may also change content periodically without notice. “HF” has no control over content provided by others, and provides links to other sites for convenience only. MAGNUSON-MOSS DISCLAIMER Products are sold for commercial use only and are not intended for use by consumers. “HF” specifically disclaims all warranties to those defined as consumers under the Magnuson-Moss Act.

LINKS

This Site contains links to other sites that are not owned, maintained or operated by “HF”. “HF” is not responsible for the content of any linked site or the use of any information collected from you by such sites. Linked sites are not subject to “HF” Privacy Policy. The inclusion of a link from or to this Site does not imply recommendation or sponsorship and “HF” disclaims any liability for such links. COPYRIGHT. “HF” owns or is an 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. “HF” authorizes User to view, copy and print the content displayed on the Site solely for its legitimate business purposes related to the purchase of products from “HF”, provided, however, that any copy of any content (or portion thereof) which User makes 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 “HF” is strictly prohibited.

CONFIDENTIALITY AND NON-DISCLOSURE

User may be exposed to content in the Site that is confidential and proprietary to “HF”, including, without limitation, pricing, inventory and detailed and compiled product information. User shall maintain all such information in strict confidence and use it only in a manner consistent with the purpose of advancing the relationship between “HF” and User. User acknowledges and agrees that “HF” retains all ownership in content displayed on the Site and communications transmitted through the Site. FOREIGN CORRUPT PRACTICES ACT. User acknowledges that it is not the agent of “HF” and represents and warrants that it has not, and covenants that it will not pay anything of value to any government employee in connection with the resale of the products sold hereunder. INDEMNITY. User agrees to indemnify and hold “HF”, and its subsidiaries, affiliates, officers, agents or other parties and employees, harmless from any and all claims or demands, including reasonable attorney’s fees, made by any third party due to or arising out of User's use of the Site, any data provided by the User to the Site, User's connection to the Site or User's violation of these Terms or the violation of the rights of another person or entity related to Users accessing or use of the Site. User further agrees to indemnify and hold “HF” harmless from and against any and all claims, losses, liabilities and damages, including reasonable attorney’s fees, resulting from the connection to or interface of the Site with any e-marketplace or e-procurement application selected, used or operated by User, which such interface shall only be made with the written consent of an authorized signatory of “HF”. ENTIRE AGREEMENT. These Terms of Access constitute the entire agreement between “HF” and User concerning the use of the Site, except to the extent that other agreements, terms, conditions, instructions and procedures are expressly referred to herein, and it supersedes all other prior and contemporaneous statements, communications, and documents. MISCELLANEOUS. Any cause of action by User with respect to its use of the Site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. “HF’s” failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. If any provision hereof shall be unenforceable, invalid or void for any reason, such provision shall be automatically voided and shall not be part of these Terms and the enforceability or validity of the remaining provisions of these Terms shall not be affected thereby.