Any use of this Site by you conclusively indicates that these Terms and Conditions of Access have been reviewed and accepted by you. If you do not agree with any of the provisions of these Terms and Conditions of Access, you should not use this Site.
The content of this Site ("Content") is the property of the Company. All right, title and interest in this Site and its Content belongs solely to the Company, and access to and use of this Site and its Content is shall be limited and restricted to the access and uses authorized from time to time by the Company. You may access and use this Site and its Content only for personal use and not for commercial use, unless and except to the extent Company may, in its sole discretion, specifically authorize otherwise. You may not access or use this Site or any of its Content for any purpose prohibited from time to time by the Company. Any access or attempt to access any area of this Site or its Content to which access is restricted to authorized persons is strictly prohibited unless and except to the extent Company may, in its sole discretion, specifically grants you access such area of this Site or its Content and then such access shall be permitted only for the purposes for which Company has authorized such access. Any access or attempt to access for any purpose any area of any computer equipment on which this Site is located, or other information contained on such computer equipment, other than those specific areas and information designated to be accessible by the Company is strictly prohibited.
Intellectual Property Rights
The Company owns and operates this Site. Unless identified with the designation "Copy Free", all names, titles, logos, and designs identifying the products and brands of the Company -- including any derivative and related names, titles, logos and designs, appearing in this Site -- are trademarks of the Company and its sole property. Any other names, titles, logos and designs appearing on this Site are the property of their respective owners.
This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photographs, graphics, images, illustrations and software, and the entire Content is protected by copyright as a collective work and/or compilation under the United States copyright laws, international conventions and other copyright laws. The Company owns a copyright in the Content original and in the selection, coordination, arrangement and enhancement of all Content.
Any reproduction, modification, publication, transmission, retransmission, framing, misuse, misappropriation, unauthorized use, transfer, sale, distribution, performance, display, creation of a derivative work or any other exploitation of any Content, in whole or in part, without the express written consent of the Company is strictly prohibited. Notwithstanding the foregoing, any user of this Site is granted a limited license to download Content for personal use only provided that all copyright and other notices in any downloaded
Content are maintained. By downloading Content, the user agrees and acknowledges that the user does not acquire any ownership or other use rights to any Content or this Site by downloading such Content. Except as expressly authorized above, nothing contained in this Site or these Terms and Conditions of Access shall be construed as conferring, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other property right of the Company or any third party.
Individual documents published by the Company on this Site may contain other proprietary notices and copyright information specific to such individual document. Any product, process, or technology in such individual documents may be the subject of other intellectual property rights reserved by the Company or a third party and are not to be licensed under these Terms and Conditions of Access.
If you are interested in using any Content in any manner except as expressly authorized above, you should contact the Company for information on licensing.
Disclaimer of warranty and limitation of liability
Neither the Company nor any of its affiliates, officers, directors, employees, third party content providers, licensors, agents or representatives makes any warranty or representation of any kind, either express or implied, with respect to this Site, any Content or any products or services offered through this Site, including, but not limited to, any warranty that this Site will be operable, uninterrupted, virus free or error free, any warranty of title, any warranty of privacy, any warranty of dependability, accuracy, timeliness, authenticity, completeness or reliability, or any warranty of merchantability or fitness for a particular purpose.
By using this Site, you acknowledge and agree that this Site and all Content are provided on an "as is, where at" basis without any warranty or representation of any kind, either express or implied, with respect to this Site, any Content or any products or services offered through this Site, including, but not limited to, any warranty that this Site will be operable, uninterrupted, virus free or error free, any warranty of title, any warranty of privacy, any warranty of dependability, accuracy, timeliness, authenticity, completeness or reliability, or any warranty of merchantability or fitness for a particular purpose.
In no event will the Company or any of its affiliates, officers, directors, employees, third party content providers, licensors, agents, or representatives be liable to any person or entity for damages of any nature whatsoever arising out of or in connection with the use of this Site or any linked web site. This is a comprehensive limitation of liability that you agree is fair and reasonable concerning your use of this Site and applies to all harm, liabilities, injuries, losses, damages, costs and expenses of any kind whatsoever, including, but not limited to, direct, indirect, incidental, special, compensatory, or consequential damages, regardless of how same arise, whether in tort, negligence, statute, contract, common law, equity or otherwise, and whether for or in connection with loss of programs or data, loss of income, revenues or profits, loss of anticipated sales, loss of opportunity, business interruption, failure to realize expected savings, damage to person or property, claims of third parties or otherwise.
This Site may from time to time be linked to other web sites. The Company is not responsible for any content contained on any web site that is not maintained by the Company. No link from this Site to a third party web site, or from a third party web site to this Site, is an endorsement, sponsorship or recommendation by the Company of such third party web site. The Company will have no liability to users arising from any link from a third party web site to this Site or from this Site to a third party web site.
All comments, graphics, ideas and other information you provide to the Company through this Site will become the property of the Company without any compensation to the user. To the extent you are requested to provide any information to the Company while using this Site, you represent and warrant that such information will be accurate and complete in all respects.
Misuse of information
Indemnification and hold harmless
You understand and expressly agree that all access to and use of this Site is at your sole risk. You will indemnify and hold harmless the Company from and against all harm, liabilities, injuries, losses, damages, costs and expenses incurred by the Company (including, but not limited to, fees and disbursements of counsel to the Company) in connection with your access to or use of this Site or any Content, except to the extent such harm, liabilities, injuries, losses, damages, costs or expenses are due solely to the negligence of the Company.
You agree that you shall not take any action against the Company or any of its affiliates, officers, directors, employees, third party content providers, licensors, agents, or representatives in any connection with any matter relating to or arising out of your access to or use of this Site.
Termination and modification
Fluid Management, Inc. may terminate this Site and modify any Content at any time, in each case, without notice to you and without liability to you for such termination or modification.
You may send notices to Fluid Management, Inc. at 1023 Wheeling Road, Wheeling, Illinois, 60690. Any such notice will be effective upon actual receipt by the Company. The Company may send notices to you through e-mail, regular mail or a posting on this Site. Any such notice will be effective upon actual receipt by you in the case of e-mail or regular mail or upon posting in the case of posting on this Site.
These Terms and Conditions of Access
(a) may be amended by Fluid Management, Inc. at any time without notice to you
(b) inure to the benefit of and are binding upon you and the Company and each of your and the Company's successors and assigns, except that you may not assign any of your obligations under these Terms and Conditions of Access without the written consent of Fluid Management, Inc.
(c) shall be governed by, and interpreted and enforced in accordance with, the internal law of the State of Illinois without regard to principles of conflict of laws
(d) constitute the entire agreement and understanding between you and the Company with respect to your access to and use of this Site and supersede all prior oral and written proposals, representations, understandings and agreements.
You and the Company will submit all disputes in connection with any matter relating to or arising out of your access to or use of this Site exclusively to a federal or state court located in Cook County, Illinois, and you consent to the jurisdiction of such court for such dispute and acknowledge such court to be a proper venue for such dispute.
At various points in this Site, you may be requested to submit personal information, including, but not limited to, your name, e-mail address, street address, phone number, employer and occupational title. The Company does not collect personal information about you unless you specifically and knowingly provide such information.
Forms are used on this Site to collect information from you, which will allow us to carry out a number of tasks, including, but not limited to, fulfilling literature requests, responding to product inquiries or technical questions, and processing employment inquiries. Any personal in formation collected is intended to be used only for delivery or follow-up purposes. In order to effectively respond to and support certain user requests, the Company may share your information with its business channel partners such as distributors and sales representatives for the Company's products. You may opt-out from being contacted or receiving follow-up mailings at any time (See Choice/Opt-Out below).
Occasionally, the Company will invite you to participate in online surveys. These surveys may ask you for contact information (for example, your e-mail address), industry information, and demographic information (like your zip code or the state in which your business is located). Contact information is used to contact you if and when necessary with respect to the survey unless otherwise specifically indicated by you. You may opt-out from being contacted or receiving follow-up mailings at any time (See Choice/Opt-Out below). It is not necessary to participate in surveys to use this Site.
This Site makes use of public forums such as discussion groups and message boards. Information disclosed in these areas may be available to other visitors to this Site, and you should exercise caution when deciding to disclose any personal information. If after posting any personal information to a public forum you are approached by a third party by e-mail, you should not assume that the Company has released private information about you or that the contact is on behalf of or has been authorized by the Company.
Like most standard web site servers, this Site's web servers generate log files that store non-personal information about your visit to this Site. The information collected includes, but is not limited to, length of time of visit, pages visited, number of visits, IP address, Internet service provider, referring/exit pages, and platform type (IP addresses, etc., are not tied to personally identifiable information). Information collected in the log files is used solely for internal use by the Company to analyze trends, administer this Site, track user movements in the aggregate, and gather broad demographic information for aggregate reporting and statistical purposes.
This Site uses "cookies" in order to help manage your user session (A "cookie" is a file stored on your computer that contains information about your use of this Site). Cookies can help us recognize return visitors, to personalize and enrich your online visits with us, and to collect site-visitation statistics. Cookies used by this Site may include, but are not limited to, your preferred language, your geographic region, and a unique session ID code that allows this Site to keep track of your user session and distinguish it from all others currently active. It is not necessary to have cookies enabled in your browser to access and use this Site. However, some of the features of this Site may depend on cookies, and you may not be able to use those features by refusing cookies.
Communications from this site
The Company communicates with this Site's users on a regular basis in order to respond to requests for literature and product information or to answer technical questions. The Company typically communicates via e-mail, regular mail or telephone in accordance with the particular user's wishes.
Information sharing and disclosure
The Company will not sell, rent, share or distribute any of your personally identifiable information collected on this Site to any third parties, except that the Company may share or distribute your personal and non-personal information to its business channel partners such as distributors and sales representatives for the Company's products who sell and service products in which you may be interested.
The Company also reserves the right to use your personal and non-personal information for any lawful purpose, including, but not limited to, improving content and generating statistical and aggregate reports for internal use by the Company and its vendors, suppliers, licensees, consultants, advertisers and advisers. These statistics and reports will typically contain only aggregated information. Your personal identity is kept anonymous.
Although the Company intends to preserve user privacy, the Company may need to disclose personal information when required by law, including, but not limited to, whenever the Company in good-faith believes that such action is necessary or appropriate in connection with a court or administrative proceeding or to comply with a court or administrative subpoena, order or legal process.
The Company takes precautions to protect your information online and offline, including secure servers, firewalls and encryption of financial data. The Company also strives to maintain the reliability, accuracy, completeness and currency of your personal information in its databases. However, the Company cannot guarantee that there will be no loss, misuse, unauthorized disclosure, alteration or destruction of your personal information.
The Company will remove your personal information from this Site's databases or remove you from any mailing lists upon request. All such requests should be sent to firstname.lastname@example.org.
The Company will correct or update information collected from you upon request. All such requests should be sent to email@example.com.
Contacting this site
Under the copyright laws, this material may not be copied, in whole or in part, without the written consent of Fluid Management.
Your rights to the software are governed by the accompanying software license agreement.
Use of Fluid Management trademarks, service marks, or logos for commercial purposes
without the prior written consent of Fluid Management may constitute trademark infringement and unfair competition in violation of federal and state laws. Fluid Management, FMDirect, ColorPro, DVX, Harbil, Blendorama, Accutinter, Duraflow, Fast& Fluid Management, GyroFlex, GyroMixer, Infina, MicroTint, TintMaster, V1, and VR1 are trademarks of Fluid Management, registered in the U.S. and/or other countries.
Every effort has been made to ensure that the information in our user manuals, product brochures and on this site is accurate. Fluid Management is not responsible for printing or clerical errors.
1023 Wheeling Road
Wheeling, Illinois 60090-5776 USA
Mention of third-party products is for informational purposes only and constitutes neither an endorsement nor a recommendation. Fluid Management assumes no responsibility with regard to the performance or use of these products.
©2010 Fluid Management as published work all rights reserved.