Read This Terms of Use Agreement Before Continuing Use of the Website.
Effective Date:This Terms of Use Agreement was last updated on November 3, 2009.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be modified, altered, updated, or terminated by Hydro-Train/www.hydro-train.com without notice at any time, for any reason. Modifications shall become effective immediately upon being posted at Hydro-Train/www.hydro-train.com website.The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
By using the Hydro-Train/www.hydro-train.com website you agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.Your continued use of the Hydro-Train website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
DISCLAIMER OF WARRANTIES
The site is provided by Hydro-Train on an "as is" and on an "as available" basis.To the fullest extent permitted by applicable law, Hydro-Train makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise.Hydro-Train shall have no liability for any interruptions in the use of this website.Hydro-Train disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.Some jurisdictions do not allow the exclusion of implied warranties, therefore some of the above-referenced exclusion is inapplicable.
LIMITATION OF LIABILITY
Hydro-Train SHALL NOT be liable for any damages whatsoever, and in particular Hydro-Train shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this website or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Hydro-Train has been advised of the possibility of such damages. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
INDEMNIFICATION
You agree to indemnify and hold Hydro-Train, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use of the website, the violation of this Agreement, or infringement by you, or other user of the website using your computer, of any intellectual property or any other right of any person or entity.
MODIFICATIONS AND INTERRUPTION TO SERVICE
Hydro-Train reserves the right to modify or discontinue the website with or without notice to you. Hydro-Train shall not be liable to you or any third party should Hydro-Train exercise its right to modify or discontinue the website. You acknowledge and accept that Hydro-Train does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
THIRD PARTY SITES
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review said privacy policies of third-party sites.
DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Hydro-Train makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. Hydro-Train makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
GOVERNING JURISDICTION OF THE COURTS - TEXAS
Our website is operated and provided in the State of Texas. As such, we are subject to the laws of the State of Texas, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Texas
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and is responsible for compliance with any such laws. You may not use the website in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
All other trademarks displayed on Hydro-Train's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Hydro-Train.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Hydro-Train.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
By Mail:
Hydro-Train Attention: Mr. Grace P.O. Box 65131 Lubbock, Texas79464-5131
Hydro-Train retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Hydro-Train reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
OTHER TERMS
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Hydro-Train, in our sole discretion, to a third party in the event of a merger or acquisition.This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your
participation.You agree that by
accepting this Terms of Use
Agreement, you are consenting
to the use and disclosure of
your personally identifiable
information and other practices
described in our Privacy Policy.
