END— USER LICENSE AGREEMENT/PRIVACY POLICY IMPORTANT. READ THE ENTIRE DOCUMENT TO THE BOTTOM OF THIS PAGE! By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be bound by the terms of this END— USER LICENSE AGREEMENT/PRIVACY POLICY (Agreement) and to comply with all applicable local, state and federal laws and regulations. DEFINITIONS Nashville Pump & Power or We shall mean Nashville Pump & Power, LLC., all parent, sibling, subsidiary or affiliated entities, its shareholders, officers, directors, agents, employees, and assigns. “Site” shall mean the Internet site located at www.nashvillepond.com/. “User” shall mean any person or entity that accesses or uses the Site in any manner. CONDITIONS OF — USE The information, text, graphics provided in this Site are offered solely as a convenience to our customers and home page visitors. Although Nashville Pump & Power believes it has made reasonable efforts to include accurate, complete and current information on this Site, this Site may contain technical inaccuracies or typographical errors and changes are made to this Site and to the products and services of Nashville Pump & Power from time to time. Nashville Pump & Power makes no warranties or representations regarding the accuracy or completeness of the information. It is your responsibility to verify the information before relying on it. Nashville Pump & Power reserves the right to make changes to the content of this web site without prior notice. User is granted a nonexclusive, nontransferable limited license to view, copy, print, and distribute all or any part of this Web site for internal, informational and non-commercial purposes within your organization, provided that each copy of material contains copyright notice. No other use of any of the content of this Site is permitted without the express written consent of Nashville Pump & Power. The trademarks and service marks used or displayed on this site are registered and unregistered trademarks of Nashville Pump & Power. Nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, to User a license under any copyright, trademark, patent or other intellectual property right of Nashville Pump & Power without the express written permission of Nashville Pump & Power. Nashville Pump & Power expressly reserves all intellectual property rights it may possess in products, processes or technology that appear on this Site or any other Nashville Pump & Power website. Further Nashville Pump & Power reserves all other rights not expressly granted or addressed in this Agreement. DISCLAIMER OF WARRANTY THE INFORMATION, SOFTWARE OR OTHER MATERIAL ON OR ACCESSIBLE FROM THIS SITE IS PROVIDED ON AN “AS IS” AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXPECTATION OF PRIVACY AND NON-INFRINGEMENT OR ANY WARRANTY THAT THIS SITE WILL BE PROVIDED UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. LIMITATION OF LIABILITY IN NO EVENT SHALL Nashville Pump & Power BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES OF ANY KIND OR NATURE ARISING OUT OF — USER’S ACCESS, — USE OR INABILITY TO — USE THIS WEB SITE, WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR OTHER WRONGFUL CONDUCT OR ANY OTHER LEGAL THEORY, EVEN IF Nashville Pump & Power HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. PRIVACY POLICY As part of the normal operation of this Site, Nashville Pump & Power receives names, e-mail addresses or other personal or business information submitted by Users. This information is not gathered by Nashville Pump & Power without the knowing, active permission and participation of User. In addition, in order to safeguard the Site as well as you the User, Nashville Pump & Power tracks the IP addresses of Users. Some of this information may be disclosed to third parties or used by Nashville Pump & Power or third parties. Nashville Pump & Power will not intentionally release this information to third parties unless we believe release is appropriate to comply with law; to enforce or apply this Agreement or other agreements; or to protect the rights, property, or safety of Nashville Pump & Power, our Users, or others. Any information sent to Nashville Pump & Power through or as a result of this Site is provided without restriction or obligation on Nashville Pump & Power. Nashville Pump & Power assumes no obligation to protect such information from disclosure. Nashville Pump & Power may use this information and any ideas, concepts, know-how or techniques contained in the information that User sends us for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services incorporating such information. However, Nashville Pump & Power has no intention to release such information to any third-party for commercial purposes and will undertake to protect such information from unintentional disclosure. What Information Does Nashville Pump & Power Collect? Nashville Pump & Power collects information from you when you register on our site, place an order, subscribe to our newsletter, respond to a survey or fill out a form. When ordering or registering on the Nashville Pump & Power site, as appropriate, you may be asked to enter your: name, email address, mailing address, phone number or credit card information. You may, however, visit the Nashville Pump & Power site anonymously. At this time, we do not respond to browser do not track signals. What Does Nashville Pump & Power Use Your Information For? Any of the information Nashville Pump & Power collects from you may be used in one of the following ways: To Improve the Nashville Pump & Power Site Nashville Pump & Power continually strives to improve their site offerings based on the information and feedback they receive from you; To Improve Customer Service Your information helps Nashville Pump & Power to more effectively respond to your customer service requests and support needs; To Process Transactions – Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested; To Administer a Contest, Promotion, Survey or Other Site Feature; To Send Periodic Emails – The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email. How Do We Protect Your Information? We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on Nashville Pump & Power servers. Do We Use Cookies? Yes. Cookies are small files that a site or its service provider transfers to your computers hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information We use cookies to help us remember and process the items in your shopping cart. Do We Disclose Any Information To Outside Parties? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. Third-Party Links Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites. Children’s Online Privacy Protection Act Compliance We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older. Online Privacy Policy Only This online privacy policy applies only to information collected through our website and not to information collected offline. SOCIAL MEDIA Our website includes social media features (such as the Facebook “Like” button). These features may collect your IP address and which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets may be hosted by a third party or directly on our website. Your interactions with these features are governed by the privacy policy of the company providing the feature. Does Nashville Pump & Power or its Affiliates Host Any Blogs? Nashville Pump & Power and its affiliates may host discipline or employee blog articles and may provide links to the blogs articles from www.pumpandpower.com/ or affiliate websites. The postings on the blogs may include articles, press releases and research conducted by Nashville Pump & Power or its affiliates. The postings on the blog reflect the views of the authors and not necessarily those of Nashville Pump & Power or its affiliates. Website users may post comments to the blog articles. In order to post a comment on a blog article, you may be required to create a user name and provide your email address. Your user name and email address will be stored by Nashville Pump & Power or a third party, but your name and email address will not be shared or used for any purpose beyond posting comments to the blog article. If you use a Nashville Pump & Power or affiliate blog, you should be aware that any personally identifiable information you submit there can be read, collected, or used by other users, and could be used to send you unsolicited messages. Nashville Pump & Power and its affiliates are not responsible for the personally identifiable information you choose to submit in comments on our blog articles. Some of the Nashville Pump & Power or affiliate blogs may include an email this function. The email this function allows a user to send a blog article to a friend. The email this function may be hosted by FeedBurner. If FeedBurner provides the email this function, the use of this application is governed by Feedburner’s privacy policy. Nashville Pump & Power and its affiliates do not receive the email addresses that users provide to FeedBurner. YOUR ACCOUNT, PASSWORD AND SECURITY If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, account or password, and you agree to accept responsibility for all activities that occur under your account or password. Nashville Pump & Power reserves the right to refuse service or terminate accounts in its sole discretion. You agree to immediately notify Nashville Pump & Power of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Nashville Pump & Power is not liable for any loss or damage arising from User’s failure to comply with this section or any other provision of this Agreement. RELATIONSHIP OF THE PARTIES Nashville Pump & Power and User are independent contractors. Nothing in this Agreement shall be construed to create any agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship unless explicitly agreed to in writing by Nashville Pump & Power. CHANGES OR MODIFICATIONS Nashville Pump & Power reserves the right, at its sole discretion, to change, modify, add, remove or amend the existing terms and conditions of this Agreement in whole or in part at any time. Any such changes or amendments shall be effectively immediately upon being posted on the Site. The continued use by User of the Site will be deemed User’s express agreement to the amended or changed terms and conditions. Nashville Pump & Power may, but shall have no obligation to, add new functions or features to the Site or make new services available to User. Nashville Pump & Power may terminate, change, suspend or discontinue any aspect of the Site, including the availability of or any features of the Site, at any time. TERMINATION Nashville Pump & Power may, in its sole discretion, terminate this Agreement at any time or upon a breach of this Agreement by User. Upon such termination, User shall immediately destroy any materials obtained from this Site and all copies thereof, whether made pursuant to the terms of this Agreement or otherwise. CONFIDENTIALITY User shall keep in confidence and shall not disclose to any third parties any non-public information that may be disclosed to User in connection with the use of the Site under this Agreement or otherwise. User shall not use the name of Nashville Pump & Power or in any publicity release, advertising or otherwise without the prior written approval of Nashville Pump & Power. This provision shall survive the termination of this Agreement. INDEMNITY User agrees that it will indemnify, defend and hold harmless Nashville Pump & Power, from and against any and all liabilities, damages, losses, costs, and expenses, including reasonable attorney fees, arising out of, resulting from or in any way related to use by User of the Site or User’s breach of this Agreement. MISCELLANEOUS Entirety of Agreement. This Agreement represents the entire understanding of the parties and cannot be amended except in writing signed by both parties. All prior discussions, understandings, negotiations, or agreements are merged herein. All prior oral or written agreements between the parties are hereby canceled. Assignment. This Agreement may not be assigned by User without first obtaining the written approval of Nashville Pump & Power. Divisibility. If any provision of this Agreement is held by any court or arbitrator to be null and void or unenforceable for any reason, such determination shall not affect the remaining portions of this Agreement, which shall remain in full force and effect in accordance with its terms and conditions. No Waiver. Any waiver of any provision, term or condition of this Agreement shall not be construed or deemed to be a waiver of any other such provision, term or condition of this Agreement, nor a waiver of a subsequent breach or the same provision or condition, unless such waiver is expressed in writing by Nashville Pump & Power. Survival of Covenants. The covenants and agreements contained in this Agreement are and shall be binding on, and shall inure to the benefit of, the Parties hereto and their officers, directors, shareholders, employees, successors and assigns. Further, all obligations arising prior to the termination or expiration of the Agreement allocating responsibility or liability between Nashville Pump & Power and User shall survive the termination or expiration of this Agreement. Headings. The paragraph headings set forth herein are for reference only and not to be considered a part of or a term or condition of this Agreement.
