AGREEMENT TO TERMS AND CONDITIONS
This Agreement applies to your use of the Website. This Agreement also applies to your purchase of any product sold on the Website. By continuing to use the Website you acknowledge that you have read understood, and agreed to this Agreement and agree to be legally bound by the terms of this Agreement. This Agreement constitutes the entire and only agreement between Hex Valve and you regarding your use of the Website. All prior or contemporaneous representations, warranties, conditions and understandings regarding your use of the Website, or your purchase of any product, are specifically disclaimed and superseded by this Agreement.
If you do not agree with the terms of this Agreement, or if you disagree with specific parts of this Agreement, then stop use of the Website immediately. Your continued use of the Website means that you have agreed to all the terms of this Agreement. Your use of the Website is at your sole risk.
COMPLIANCE WITH LAWS
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding the use of the Website. When you use our Website, you must not: (1) violate any law, statute, ordinance or regulation; (2) subject our website to any virus, Trojan horses, worms, time bombs, cancelbots, Easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, corrupt or expropriate any system, data or personal information; (3) cause us or our affiliates to lose (in whole or in part) the services of our ISPs or other supplies; (4) place an undue burden on the software and hardware used with our Websites, (5) directly or indirectly result in the transmission of spam, junk mail, or other unsolicited mass e-mails; (6) seek to obtain personally identifiable information from other users of our Website; or (7) modify or alter any part of our Website. You agree that no comments submitted by you to the Website will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no comments submitted by you to the Website will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
USERS MUST BE 13 OR OLDER
Any user of the Website represents to us that he or she has reached the legal age of majority in the state, province or territory in which they reside. If you are between ages 13 and the legal age of majority, and continue to use the Website, then your parent/legal guardian represents to us that he or she consents to this Agreement on your behalf, and that she or he consents to your use of the Website. A parent/legal guardian of a child between ages 13 and the legal age of majority is solely responsible for their child’s use of the Website, including all financial charges. We are not liable for any damages that may result from a user’s misrepresentation of age. No one under age 13 is authorized to submit or post any information, including personally identifying information, on the Website. Under no circumstances may anyone under age 13 use the Website, except to browse. Parents or legal guardians of children under 13 cannot agree to this Agreement on their behalf.
HEX VALVE INTELLECTUAL PROPERTY
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, including but not limited to the design, structure, selection, coordination, expressions, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by Hex Valve and is protected by copyright laws, trademark laws, patent laws, and various other intellectual property rights and unfair competition laws.
NOT RESPONSIBLE FOR ERRORS
From time to time, there may be information on Hex Valve’s Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.
CHANGES TO THE TERMS OF THIS AGREEMENT
We may, from time to time, change the terms that govern your use of our Websites. Your use of our Websites following any change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Websites from time to time.
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE, INCLUDING ALL DISPUTES ARISING THEREFROM OR IN ANY WAY PERTAINING THERETO, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND BY THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES. YOU CONSENT AND AGREE TO THE PERSONAL JURISDICTION OF, AND THAT VENUE IS PROPER IN, THE STATE COURTS OF HAMILTON COUNTY, OHIO, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE. YOU AGREE THAT NO CAUSE OF ACTION SHALL BE INITIATED, NOR MAINTAINED, IN ANY JURISDICTION OTHER THAN THE STATE COURTS OF HAMILTON COUNTY, OHIO.
CLAIMS MAY ONLY BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PURPORTED REPRESENTATIVE OF ANY CLASS. THIS PROVISION SHALL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
NO PROFESSIONAL ADVICE
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
THE WEBSITE, ALL CONTENTS OF THE WEBSITE, AND ALL MATERIALS SHOWN ON THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR MALWARE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITES, AND THAT HEX VALVE SHALL NOT BE LAIBLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HEX VALVE, ITS AFFILIATES, EMPLOYEES, OFFICERS, REPRESENTATIVES, OR SUPPLIERS BE RESPONSIBLE OR LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION FOR PERSONAL INJURY; ANY DIRECT INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES; OR ANY OTHER DAMAGES IN EXCESS OF FEES PAID TO HEX VALVE FOR APPLICABLE PRODUCTS ARISING OUT OF OR RELATED TO A) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY CONTENT PROVIDED THROUGH THE WEBSITES; B) ANY UNAUTHORIZED ACCESS TO OR USE OF PERSONAL INFORMATION PROVIDED TO HEX VALVE; OR C) ANY MALWARE, VIRUSES, TROJAN HORSES OR SIMILAR MALICIOUS PROGRAM THAT MAY BE TRANSMITTED TO OR THROUGH THE WEBSITES BY ANY THIRD PARTY, REGARDLESS OF ORIGIN, REGARDLESS OF WHETHER HEX VALVE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold Hex Valve harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Website.
While we will use our best efforts to fulfill all orders, Hex Valve cannot guarantee the availability of any particular product displayed on this Site. Hex Valve reserves the right to discontinue the sale of any product listed on the Site at any time without notice.
We reserve the right to limit quantities to the amount reasonable for our regular customers.
While our goal is 100% error-free Website, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems. Hex Valve reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
To the extent that our Website contains links to outside services and resources, the availability and content of which Hex Valve does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
Unless otherwise specified and except to the extent Hex Valve’s products are offered for sale in the United States through our Website, the Website and the Content thereof, are displayed solely for the purpose of promoting Hex Valve products and services available in the United States and select foreign markets. The Website is controlled and operated by Richards Industrials from its offices in Cincinnati, Ohio.
This Agreement is effective unless and until terminated by either you or Hex Valve. You may terminate this Agreement at any time. Hex Valve also may terminate at Hex Valve’s sole discretion, if you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Hex Valve, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such material, whether made under the terms of this Agreement or otherwise.
If any of the provisions of this Agreement, or any relevant terms and conditions, policies and notices, are held by a court or other tribunal of competent jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies, and notices shall remain in full force and effect. Hex Valve’s failure to insist on or enforce strict performance of the Agreement shall not be construed as a waiver by Hex Valve of any provision or any right it has to enforce the Agreement, nor shall any course of conduct between Hex Valve and you or any other party be deemed to modify any provision of the Agreement. The Agreement shall not be interpreted or construed to confer any rights or remedies on or to any third parties.