| |
CONDITIONS OF USE AND TERMS OF SERIVCE
COPYRIGHT. Copyright © 1997-99 Parker-Hannifin
Corporation. All rights reserved. The content of this web
site may not be copied, replaced, distributed, published,
displayed, modified, or transferred in any form or by any
means except with the prior permission of Parker-Hannifin
Corporation ("Parker"). Copyright infringement is a
violation of federal law subject to criminal and civil
penalties.
LIMITATION OF WARRANTY. The data and information
contained in this web site are believed to be accurate, BUT
ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. In no event shall Parker be liable for
any damages of any kind whatsoever, including any special,
indirect, or consequential damages, relating to the use of
this site except as otherwise limited by applicable law.
Parker recommends only those applications for its products
that are specified in its catalogues or other company
literature, and hereby disclaims any liability for uses
other than those specified. The products are warranted, if
at all, only according to their terms and conditions of sale.
LINKS TO THIRD PARTY SITES. Any links provided herein
may allow the user to leave this site. The linked sites may
not be under the control of Parker, and Parker shall not be
responsible for the content of any linked site or link
contained in a linked site. Parker may provide these links
as a convenience only, and the inclusion of any link does
not imply an endorsement by Parker of that site
USER ACCESS. Parker may at any time, in its sole
discretion: (1) revoke the access of any user to this Site;
(2) modify, change, withdraw, or delete this site and/or any
of these conditions of use in whole or in part.
TRADEMARK. "Parker," "Parker-Hannifin," and/or other
Parker names or products referenced herein are either
trademarks or registered trademarks of Parker-Hannifin
Corporation. Other product or company names mentioned herein
may be the trademark of their respective owners.
SOFTWARE. Any software ("Software") that may be made
available to download from the server of this Site may be
the copyrighted work of Parker and/or its suppliers. Use of
the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included
with the Software ("License Agreement"). The Software is
made available for downloading solely for use by end users
according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with the
License Agreement is expressly prohibited by law. WITHOUT
LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE
SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE
SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE
TERMS OF THE LICENSE AGREEMENT. EXCEPT AS OTHERWISE LIMITED
BY APPLICABLE LAW AND EXCEPT AS WARRANTED IN THE LICENSE
AGREEMENT, PARKER HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
LICENSE TO PARKER. By posting messages, uploading
files, inputting data, or engaging in any other form of
communication through this service, you are granting Parker
and its affiliated entities a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide license to:
1. Use, copy, sublicense, adapt, transmit,
retransmit, distribute and/or publicly perform or display
any such communication.
2. Sublicense to third parties the unrestricted right
to exercise any of the foregoing rights granted with respect
to the communication.
The foregoing grants shall include the right to exploit any
proprietary rights in such communication, including but not
limited to rights under copyright, trademark, service mark,
patent laws or the law of ideas under any relevant
jurisdiction.
DISCLAIMER. PARKER DOES NOT WARRANT THAT THE
FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION. COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT PARKER IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER SUBSCRIBERS OR THIRD PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. EXCEPT AS
OTHERWISE LIMITED BY APPLICABLE LAW, IN NO EVENT WILL
PARKER, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING PARKER SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE THE PARKER
SOFTWARE OR SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
BULLETIN BOARDS. This service may include bulletin
boards and chat rooms ("bulletin boards") which allow
feedback to Parker and real-time interaction between users.
Parker does not control the messages, information or files
delivered to bulletin boards. It is a condition of your use
of the bulletin boards and this site that you do not:
1. Restrict or inhibit any other user from using and
enjoying the bulletin boards.
2. Post or transmit any unlawful, anticompetitive,
threatening, abusive, libelous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind,
including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate
any local, state, national or international law.
3. Post or transmit any information, software or
other material which violates or infringes upon the rights
of others, including material which is an invasion of
privacy or publicity rights or which is protected by
copyright, trademark or other proprietary right, or
derivation works with respect thereto, without first
obtaining permission from the owner or right holder.
4. Post or transmit any information, software or
other material which contains a virus or other harmful
component.
5. Post, transmit or in any way exploit any
information, software or other material for commercial
purposes, or which contains advertising, other than for the
business purposes of Parker and its affiliates.
You understand that Parker has no obligation to monitor or
edit the content of the bulletin boards. However, Parker
reserves the right at all times to disclose any information
posted by you or any other user as necessary to satisfy any
law, regulation or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole
or in part, that in Parker's sole discretion are
objectionable or in violation of these terms and conditions.
LIMITATION OF LIABILITY. Under no circumstances,
including, but not limited to, negligence, shall Parker, its
subsidiary and parent companies or affiliates be liable for
any direct, indirect, incidental, special or consequential
damages that result from the use of, or the inability to use
Parker materials. You specifically acknowledge and agree
that Parker is not liable for any defamatory,
anti-competitive, offensive, or illegal conduct of any user.
If you are dissatisfied with any Parker material, or with
any of Parker's terms and conditions, your sole and
exclusive remedy is to discontinue using the site.
TERMINATION. This agreement is effective until
terminated by Parker, at any time without notice. In the
event of termination, you are no longer authorized to access
the bulletin boards, and the restrictions imposed on you
with respect to material downloaded from the bulletin
boards, the disclaimers and limitations of liabilities set
forth in this agreement, shall survive.
INDEMNIFICATION. You agree to defend, indemnify and
hold harmless Parker, its parents, affiliates, licensees and
their respective directors, officers, employees and agents
from and against all liabilities, claims, damages, and
expenses, including attorneys' fees, arising out of your use
of the site, or your violation or alleged violation of the
terms of this Agreement.
EU Data Privacy Regulations Compliance. We strive to
collect, use and disclose personal information consistent
with the laws of the United States as well as the laws of
other countries in which we do business, including the laws
of the European Union. For detailed information on our
privacy policy with respect to the European Union, please
see our
European Union (EU) Safe Harbor Privacy
Policy.
OTHER. This agreement shall be governed by and
construed in accordance with the laws of the State of Ohio
without giving effect to any principles or conflicts of law.
If any provision of this agreement shall be unlawful, void
or for any reason unenforceable, then that provision shall
be deemed severable from this agreement and shall not affect
the validity and enforceability of any remaining provisions.
|
