PUMP-FLO.com Web Site (“Site”) as provided by Engineered Software, Inc.
(“ESI”) contains information from ESI and third parties about centrifugal pumps and assists end users in the evaluation, analysis and
selection of such pumps. Your
and consents provided or obtained in connection with the Site (collectively,
“Agreement”). As used in this
Agreement, “ESI” “We,” “Us” or “Our” refers to ESI.
“You” or “Your” refers to you, the user of the Site.
use of this Site evidences your consent to be bound by this Agreement, which
is a contract between you and ESI. The
terms of this Agreement are set forth below, may be amended from time to time,
If you do not agree to be bound by the terms of this Agreement, do not
use this Site.
a part of this Agreement and its terms are incorporated by this reference.
The policy explains how certain information about you may be used.
Please read it now.
|This Site is like a store:
every time a customer enters a store the customer is bound by the rules
in effect on the date of the customer’s visit.
Similarly, at this Site, you are bound by the version of this Agreement
that is in effect on the date of your visit.
The terms of this Agreement may change from time to time and you should
review them each time you visit the Site.
|Prior to registering at the Site, ESI authorizes you
to access and use limited portions of the Site solely for the purposes of
browsing the information available at such portions of the Site.
If you register at the Site, you will be given access to additional
content found at the Site, including access to certain manufacturers’
electronic pump catalogs. You may
also use the Web-based version of the PUMP-FLO software to evaluate,
analyze and select pumps from certain manufacturers’ catalogs.
Subject to applicable law, ESI reserves the right to suspend or deny, in
its sole discretion, your access to all or any portion of the Site with or
without notice. By way of example
and without limitation, we may block access to avoid harm to ESI or its property
or the rights of a user or the public. To
help you plan, it may be helpful to know that ESI typically will block access as
ESI believes to be advisable, including without limitation if any person
repeatedly attempts to log onto the Site with an incorrect or invalid password
or other information or if we detect large-scale copying of our Site content.
of Materials on this Site
|You may print or download copies of the screens from
this Site, including a copy of this Agreement and any advertisements or
information on the Site, for your personal use or internal use at your business.
Reprinting or electronically reproducing any content of the Site in whole
or in part for any other purpose is expressly prohibited.
The content on this Site is protected by United States and foreign
copyright laws and potentially by other intellectual property laws.
All rights not expressly granted herein are reserved to ESI and its
|The following activities are prohibited at this Site.
You agree not to:
- Use any robot, spider, or other automatic device or manual process
to monitor, copy, or download any part of this Site;
- Use any device, software or routine or the like to interfere or
attempt to interfere with any Site functionality;
- Take any action that imposes an unreasonable or disproportionately
large load on the Site infrastructure;
- Access the Site by any means other than through the interface that
is provided by ESI, attempt to use the PUMP-FLO software without first
logging in as a registered user, or attempt to access any area of the Site
to which your access is not authorized; or
- Reverse engineer, reverse assemble or otherwise attempt to discover
any source code relating to the Site, except to the extent that such
activity is expressly permitted by applicable law notwithstanding this
- Violate any applicable local, state, national or international law;
- Engage in any other conduct that inhibits any other person from
accessing, using or enjoying the Site.
|You understand that the material contained on this
Site, including without limitation all text, graphics, images, sounds and
information, including without limitation information found in the electronic
versions of manufacturers’ catalogs (“Content”), is for informational
purposes only. Because the
electronic versions of manufacturers’ catalogs are based on information as
provided to ESI by the manufacturers, ESI does not certify that the contents of
the electronic catalogs are accurate or current.
ESI does not certify or endorse the Content on this Site.
ESI does not certify the accuracy of any Content on this Site, including
without limitation any information found in manufacturers’ catalogs.
|ESI does not pay or provide
consideration for feedback, submissions, suggestions or ideas regarding
improvement of or other matters relating to the Site (collectively
“Submissions”). If you desire
payment or other consideration for providing Submissions to ESI, please do not
provide Submissions. All Submissions
are ESI’s property and you hereby assign all rights, title and interest in and
to the same to ESI. No Submissions
are subject to any obligation of confidentiality or limited use by ESI and ESI
has no obligation to you for any use or disclosure of Submissions.
|ESI does not endorse the content on any third-party
Web site. ESI is not responsible for
the content of third-party sites that you reach through links on the Site, sites
framed within the Site, or third-party advertisements on the Site, and does not
make any representations regarding their content or accuracy.
Your use of third-party Web sites is at your own risk and subject to the
terms and conditions of use for such sites.
Any transaction that you conduct at a third-party Web site will be between
you and the party providing that Web site. This
means that ESI is not your agent and is not a party to any transaction at those
DISCLAIMER OF ALL WARRANTIES
|THIS SITE AND ALL INFORMATION, SERVICES OR
FUNCTIONALITY PROVIDED VIA THE SITE IS PROVIDED “AS IS” AND “AS
AVAILABLE.” THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY AND EFFORT IS WITH YOU. ESI
PROVIDES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED OR STATUTORY
WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR
PURPOSE, MERCHANTABILITY, ACCURACY OF INFORMATION OR THAT THE WEB SITE WILL BE
FREE OF VIRUSES OR OTHER SOFTWARE CODE MANIFESTING HARMFUL PROPERTIES.
ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INFRINGEMENT.
ESI ALSO DISCLAIMS ALL IMPLIED DUTIES, INCLUDING WITHOUT LIMITATION,
WORKMANLIKE CONDUCT AND LACK OF NEGLIGENCE.
OF LIABILITY AND REMEDY
|TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL ESI BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA OR
INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE, PROVISION, OR PERFORMANCE OF THE SITE OR
ANY INFORMATION OR SERVICES OBTAINED THROUGH THE WEB SITE; THE DELAY OR
INABILITY TO USE THE SITE OR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE
SITE; WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHERWISE, EVEN IF ESI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES ARE INDEPENDENT FROM
THE LIMITATION OF REMEDY SET FORTH BELOW AND WILL APPLY EVEN IF ANY REMEDY FAILS
OF ITS ESSENTIAL PURPOSE.
|YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS
AGREEMENT OR YOUR DISSATISFACTION WITH THE SITE OR ANY INFORMATION OR SERVICES
USING THE SITE.
|You will indemnify and hold harmless ESI and its
subsidiary and parent entities, predecessors, successors, affiliates, and
assigns, and all of their respective officers, directors, members, stockholders,
agents, employees, and attorneys from any and all actions, causes of action,
suits, proceedings, claims, demands, judgments, bona fide settlements,
penalties, damages, losses, liabilities, costs, and expenses (including without
limitation reasonable attorneys’ fees and costs) arising out of or relating to
any third party claim or allegation arising out of your: (a) breach of this
Agreement, or (b) use of or conduct on the Site.
|We may terminate this Agreement at any time and block
your use of the Site or direct you to cease using it, if we believe in good
faith that you or a related person has breached or may breach this Agreement.
Termination will not eliminate any obligation or liability incurred by
you under this Agreement before termination or cancellation.
|If you have questions about this Site, please call us
|Notices from you to ESI
|Notice by Email. Except
as expressly stated otherwise, any notices required or allowed under this
Agreement should be sent to ESI at
|Notices from ESI to You
|Notice by Posting. You
agree that ESI may provide notices to you by posting them in the Notices section
of this Site, or by emailing such notices to the email address you provide
during registration. Notice will be
deemed given when posted on the Site.
This Agreement will be governed by and construed in accordance with the
laws of the State of Washington as such laws apply to contracts performed within
Washington by its residents.
and Jurisdiction. Any dispute arising under
this Agreement or concerning its interpretation may be resolved in the state or
federal courts located in Thurston County, Washington and you irrevocably
consent to the exercise of jurisdiction by said courts over you and waive any
objection to such forum.
In any action to enforce any right or remedy under this Agreement or to
interpret any provision of this Agreement, the prevailing party will be entitled
to recover its costs, including attorneys’ fees.
|Severability. If any
part of this Agreement is determined to be invalid or unenforceable pursuant to
applicable law, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the Agreement shall
continue in effect.
|Entire Agreement. This
any amendments, notices, disclosures provided by ESI, and the consents provided
by you on the Site, constitutes the entire agreement between the parties
regarding your use of the Site or any information or services obtained through the Site and it
supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the parties with respect to access and use
of this Site or any information or services obtained through this Site, except
that if you have entered into a written paper agreement with ESI that agreement
will remain in effect in accordance with its terms.
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
|ESI relies on users of the
Site to bring copyright violations to ESI’s attention.
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent to ESI’s
Designated Agent. To report
infringing materials on the Site, notify ESI’s agent:
of Agent Designated to Receive Notification of Claimed Infringement:
Address of Designated Agent to Which Notification Should be Sent:
Intelco Loop SE, Suite A
Lacey, Washington, 98503
Number of Designated Agent:
Number of Designated Agent:
|Email Address of
To be effective, the notification must include the following:
physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
of the copyrighted work claimed to have been infringed, or if multiple
copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit ESI
to locate the material;
reasonably sufficient to permit ESI to contact you, such as an address, telephone
number, and if available, an electronic mail address at which you may be
statement that you have a good faith belief that use of the material in the
manner complained about is not authorized by the copyright owner, its agent,
or the law; and a statement that the information in the notification is
accurate, and under penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed.
|Notwithstanding the foregoing,
does not guarantee any action based upon the receipt of such information.
INQUIRIES NOT IN COMPLIANCE WITH
THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT MAY
RECEIVE NO RESPONSE.