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.
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.
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.
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.
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.
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.
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.