Conditions of Use
Welcome to the DIYControls.com Web Site. Hydra-Numatic Sales Co. provides this Web Site subject to the following conditions of use ("Conditions"). These Conditions explain a contractual agreement between you and Hydra-Numatic Sales Co. regarding your use of this Web Site. The goal of this Web Site is to provide you with access to information about our services and related links ("Content").
Use of This Web Site
Content on this Web Site, including, but not limited to, text, photographs, images and illustrations, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright and trademark laws and provisions). The Web Site is owned and controlled by Hydra-Numatic Sales Co. Select Content is owned by third party content providers ("Providers"). You agree to abide by all additional copyright notices, information, or restrictions contained in any Content.
You may not republish, upload, alter, post, transmit, distribute, and/or exploit the Content in any way.
You agree to provide true, accurate, current and complete information. If you violate any of these Conditions, your permission to use this Web Site immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at our discretion for any reason, including for violation of these Conditions.
All Content of this Web Site is provided "as is" and without warranties of any kind either express or implied. Other than those warranties which, under the U.S. laws applicable to these conditions, are implied by law and are incapable of exclusion, restriction, or modification, we disclaim any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Neither we, our Providers, nor any person involved in the creation, production, and distribution of this Web Site, warrant that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected. The Content that you access on this Web Site is provided solely for your convenience and information only. We do not warrant or make any representations regarding the results that may be obtained from the use of this Web Site, or as to the reliability, accuracy, usefulness, or currency of any Content, service, and/or merchandise acquired pursuant to your use of this Web Site.
We are a distributor and not a manufacturer; therefore all product and/or service warranties are provided by the product manufacturers.
You use this Web Site at your own risk. You (and not us) assume the entire cost of all necessary servicing (including without limitation your Internet connection) and repair or correction of your system.
All pricing, availability, and product specifications are subject to change at any time without notice.
Limitation of Liability
In no event shall we or our Providers, be liable for any indirect, consequential, incidental, special, punitive or exemplary damages whether arising under contract, warranty, or tort (including negligence) or any other theory of liability, regardless of whether we knew or should have known of the possibility of such damages, including without limitation from the use or attempted use of this Web Site or any other linked site.
Governing Law and Jurisdiction
This Web Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ, by accessing this Web Site, you agree that these Conditions and your use of the Web Site shall be governed in all respect by the internal substantive laws of the State of New Jersey, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of New Jersey for all disputes, cases and controversies regarding this Web Site, your use of this Web Site, and your relationship with us. We make no representation that materials on this Web Site are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside.
We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold us and the Providers, harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of this Web Site, your breach of any provision of these Conditions and/or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.
Other General Provisions
These Conditions are for the benefit of us and the Providers, our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Conditions directly against you on its (or their own) behalf. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If any provision of these Conditions is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.
You and we are dealing at arms' length, creating a commercial relationship. We are not your Agent or your fiduciary, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Conditions.
We reserve any rights not expressly granted or stated in these conditions.
Additional Policy information
We reserve the right, in our sole discretion, to modify, alter or otherwise update our policies at any time. Such modifications, alterations, and updates shall be effective immediately upon posting. You agree to be bound by such modified, altered, and updated policies if you access or use this Web site after we have posted notice of such modifications, alterations or updates. You should continue to review our Web Site for policy changes.