RED-WHITE VALVE CORP. (“RWVC”) grants you access to www.redwhitevalvecorp.com/ (“the Site”) solely for the purposes of electronic order and data retrieval from RWVC. Access to and use of the Site shall comply with the following terms of use as well as the instructions and procedures established by RWVC and delivered to you from time to time, either in writing or electronically (“the Terms”).
RWVC may update the Terms from time to time without notice to you. RWVC may terminate your access to the Site at any time, without prior notice, for any or no reason. Any use of “you”, “your” or “yourself” shall refer to an individual or legal entity. RWVC’s Liability for Access to and Use of the Site RWVC provides access to the Site solely as a convenience to you on an “AS IS, AS AVAILABLE” basis.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. RWVC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RWVC MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE NINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RWVC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU UNDERSTAND AND AGREE THAT YOU WAIVE ANY AND ALL CLAIMS AGAINST RWVC AND ITS EMPLOYEES, AGENTS AND REPRESENTATIVES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND THE INFORMATION CONTAINED THEREIN. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER RWVC NOR ITS EMPLOYEES, AGENTS OR REPRESENTATIVE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A MATTER OF LAW. ACCORDINGLY, IN SUCH A CASE, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Registration Obligations In consideration of your access to and use of the Site, you agree to: (A) provide accurate and complete information about yourself as prompted by the Site’s registration form (“the Information”) and (B) maintain and promptly update the Information to keep it accurate and complete. RWVC has the right to suspend or terminate your current or future access to or use of the Site (or any portion thereof) if you provide any information that is inaccurate or incomplete. Your Account, Password, & Security You will receive a USER LOGIN I.D. and PASSWORD designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the USER LOGIN I.D. and PASSWORD. You are also solely and fully responsible for all activities that occur in connection with your USER LOGIN I.D. and PASSWORD. You agree to immediately notify RWVC of any unauthorized use of your USER LOGIN I.D. and PASSWORD. Member Conduct All information transmitted to or through the Site is the sole responsibility of the person from which said information originated. You are solely and fully responsible for all information that you upload, post, email or otherwise transmit via the Site. RWVC does not guarantee the accuracy, integrity or quality of such any information transmitted to or displayed on the Site. RWVC shall not be liable in any way for any information, including, but not limited to, any errors or omissions in any information, or for any loss or damage of any kind incurred as a result of the use of any information posted, emailed or otherwise transmitted via the Site. Indemnification You agree to indemnify and hold RWVC, and its affiliates, officers, agents, employees and representatives, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any information transmitted by you, your use of the Site, your connection to the Site, your violation of the Terms, or your violation of any other rights hereunder. No Resale of Service You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site. Termination RWVC, in its sole discretion, may terminate your USER LOGIN I.D. and PASSWORD (or any part thereof) or access to or use of the Site, and remove and discard any transmitted information within the Site, for any reason. RWVC may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that RWVC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that RWVC shall not be liable to you or any third-party for any termination of your access to the Site. Links The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. RWVC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any information, advertising, products, or other materials on or available from such sites or resources. RWVC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any information, goods or services available on or through any such site or resource. Confidential and Proprietary Information You will be exposed to content in the Site that is confidential and proprietary to RWVC, including, without limitation, pricing and OTHER ONFIDENTIAL INFORMATION. You shall maintain all such information in strict confidence and use it only in a manner consistent with the purpose of advancing the relationship between RWVC and you. You acknowledge and agree that RWVC retains all ownership in content displayed on the Site and communications transmitted through the Site. Except as expressly authorized in writing by RWVC, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part. RWVC does not want to receive confidential or proprietary information from you through the Site. Any information or material sent to RWVC will be deemed not to be confidential. By sending RWVC any information or material, you grant RWVC an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the material or information, and you also agree that RWVC is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. Copyright RWVC owns or is the authorized user or licensee of the content (including, without limitation, all text, photographs, artwork, graphics, names, logos, service marks and trademarks) displayed on the Site. RWVC authorizes you to view, copy and print the content displayed on the Site solely for your personal, non-commercial use; provided, however, that any copy of any content (or portion thereof) which you make shall include all copyright and other proprietary notices. Any other reproduction, retransmission, redistribution, publication, broadcast or circulation of any content on the Site without the express prior written consent of RWVC is strictly prohibited. General Information The Terms constitute the entire agreement between you and RWVC regarding your use of the Site, unless an expressed written agreement has been executed between you and RWVC in which case said executed agreement would apply to the extent there is a conflict between the Terms and said agreement. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or thirdparty software. The Terms and the relationship between you and RWVC shall be governed by the laws of the State of California without regard to its conflict of law provisions. General Disclaimer RWVC does not represent or endorse the accuracy or eliability of any of the information, content or advertisements (collectively, the “Materials”) contained on, distributed through, or linked, downloaded or accessed from the Site, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Site (the “Products”). You hereby acknowledge that any reliance upon any Materials shall be at your sole risk. RWVC reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Site or the Materials. RWVC makes no representations concerning any endeavor to review the content of sites linked to this site or any of the Materials, and RWVC isn’t responsible for the accuracy, copyright compliance, legality or decency of material contained in sites listed in the directory or in the Materials.
