PUMP-FLO.com Terms of Use

Introduction
The PUMP-FLO.com Web Site (“Site”) as provided by Engineered Software, Inc. (“ESI”) contains information from ESI and third parties about centrifugal pumps and assists end users in the evaluation, analysis and selection of such pumps.  Your access and use of the Site is governed by these Terms of Use and any notices and consents provided or obtained in connection with the Site (collectively, “Agreement”).  As used in this Agreement, “ESI” “We,” “Us” or “Our” refers to ESI.  “You” or “Your” refers to you, the user of the Site.  
Your use of this Site evidences your consent to be bound by this Agreement, which is a contract between you and ESI.  The terms of this Agreement are set forth below, may be amended from time to time, and include the PUMP-FLO.com Privacy Policy.  If you do not agree to be bound by the terms of this Agreement, do not use this Site.

Table of Contents  

 

 
Privacy  
Our Privacy Policy  is a part of this Agreement and its terms are incorporated by this reference.  The policy explains how certain information about you may be used.  Please read it now.  

Modifications to the Terms of Use  
This Site is like a store:  every time a customer enters a store the customer is bound by the rules in effect on the date of the customer’s visit.  Similarly, at this Site, you are bound by the version of this Agreement that is in effect on the date of your visit.  The terms of this Agreement may change from time to time and you should review them each time you visit the Site.  

Access
Prior to registering at the Site, ESI authorizes you to access and use limited portions of the Site solely for the purposes of browsing the information available at such portions of the Site.  If you register at the Site, you will be given access to additional content found at the Site, including access to certain manufacturers’ electronic pump catalogs.  You may also use the Web-based version of the PUMP-FLO software to evaluate, analyze and select pumps from certain manufacturers’ catalogs.  Subject to applicable law, ESI reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice.  By way of example and without limitation, we may block access to avoid harm to ESI or its property or the rights of a user or the public.  To help you plan, it may be helpful to know that ESI typically will block access as ESI believes to be advisable, including without limitation if any person repeatedly attempts to log onto the Site with an incorrect or invalid password or other information or if we detect large-scale copying of our Site content.

Use of Materials on this Site  
You may print or download copies of the screens from this Site, including a copy of this Agreement and any advertisements or information on the Site, for your personal use or internal use at your business.  Reprinting or electronically reproducing any content of the Site in whole or in part for any other purpose is expressly prohibited.  The content on this Site is protected by United States and foreign copyright laws and potentially by other intellectual property laws.  All rights not expressly granted herein are reserved to ESI and its content suppliers.  

Prohibited Activities  
The following activities are prohibited at this Site.  You agree not to:  
  • Use any robot, spider, or other automatic device or manual process to monitor, copy, or download any part of this Site;
  • Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;  
  • Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;  
  • Access the Site by any means other than through the interface that is provided by ESI, attempt to use the PUMP-FLO software without first logging in as a registered user, or attempt to access any area of the Site to which your access is not authorized; or
  • Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating to the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.  
  • Violate any applicable local, state, national or international law; or  
  • Engage in any other conduct that inhibits any other person from accessing, using or enjoying the Site.
Accuracy of Information  
You understand that the material contained on this Site, including without limitation all text, graphics, images, sounds and information, including without limitation information found in the electronic versions of manufacturers’ catalogs (“Content”), is for informational purposes only.  Because the electronic versions of manufacturers’ catalogs are based on information as provided to ESI by the manufacturers, ESI does not certify that the contents of the electronic catalogs are accurate or current.  ESI does not certify or endorse the Content on this Site.  ESI does not certify the accuracy of any Content on this Site, including without limitation any information found in manufacturers’ catalogs.  

Submissions  
ESI does not pay or provide consideration for feedback, submissions, suggestions or ideas regarding improvement of or other matters relating to the Site (collectively “Submissions”).  If you desire payment or other consideration for providing Submissions to ESI, please do not provide Submissions.  All Submissions are ESI’s property and you hereby assign all rights, title and interest in and to the same to ESI.  No Submissions are subject to any obligation of confidentiality or limited use by ESI and ESI has no obligation to you for any use or disclosure of Submissions.  

Third Party Sites  
ESI does not endorse the content on any third-party Web site.  ESI is not responsible for the content of third-party sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and does not make any representations regarding their content or accuracy.  Your use of third-party Web sites is at your own risk and subject to the terms and conditions of use for such sites.  Any transaction that you conduct at a third-party Web site will be between you and the party providing that Web site.  This means that ESI is not your agent and is not a party to any transaction at those Web sites.  

DISCLAIMER OF ALL WARRANTIES
THIS SITE AND ALL INFORMATION, SERVICES OR FUNCTIONALITY PROVIDED VIA THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.  ESI PROVIDES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY OF INFORMATION OR THAT THE WEB SITE WILL BE FREE OF VIRUSES OR OTHER SOFTWARE CODE MANIFESTING HARMFUL PROPERTIES.  ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INFRINGEMENT.  ESI ALSO DISCLAIMS ALL IMPLIED DUTIES, INCLUDING WITHOUT LIMITATION, WORKMANLIKE CONDUCT AND LACK OF NEGLIGENCE.  

LIMITATION OF LIABILITY AND REMEDY  
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ESI BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA OR INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE, PROVISION, OR PERFORMANCE OF THE SITE OR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE WEB SITE; THE DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE SITE; WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF ESI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES ARE INDEPENDENT FROM THE LIMITATION OF REMEDY SET FORTH BELOW AND WILL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  
YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THIS AGREEMENT OR YOUR DISSATISFACTION WITH THE SITE OR ANY INFORMATION OR SERVICES OBTAINED THROUGH THE SITE OR WITH ANY OF THESE TERMS OF USE IS TO DISCONTINUE USING THE SITE.  

Indemnity  
You will indemnify and hold harmless ESI and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, and all of their respective officers, directors, members, stockholders, agents, employees, and attorneys from any and all actions, causes of action, suits, proceedings, claims, demands, judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs) arising out of or relating to any third party claim or allegation arising out of your: (a) breach of this Agreement, or (b) use of or conduct on the Site.  

Termination of Services  
We may terminate this Agreement at any time and block your use of the Site or direct you to cease using it, if we believe in good faith that you or a related person has breached or may breach this Agreement. Termination will not eliminate any obligation or liability incurred by you under this Agreement before termination or cancellation.  

Contact Information  
If you have questions about this Site, please call us at 360-292-4080.  
Notices from you to ESI  
Notice by Email.  Except as expressly stated otherwise, any notices required or allowed under this Agreement should be sent to ESI at .  
Notices from ESI to You
Notice by Posting.  You agree that ESI may provide notices to you by posting them in the Notices section of this Site, or by emailing such notices to the email address you provide during registration.  Notice will be deemed given when posted on the Site.   

General  
Choice of Law.  This Agreement will be governed by and construed in accordance with the laws of the State of Washington as such laws apply to contracts performed within Washington by its residents.  
Venue and Jurisdiction.  Any dispute arising under this Agreement or concerning its interpretation may be resolved in the state or federal courts located in Thurston County, Washington and you irrevocably consent to the exercise of jurisdiction by said courts over you and waive any objection to such forum.  

Attorneys’ Fees.  In any action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party will be entitled to recover its costs, including attorneys’ fees.  
Severability.  If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.  
Entire Agreement.  This Agreement, including the Privacy Policy any amendments, notices, disclosures provided by ESI, and the consents provided by you on the Site, constitutes the entire agreement between the parties regarding your use of the Site or any information or services obtained through the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the parties with respect to access and use of this Site or any information or services obtained through this Site, except that if you have entered into a written paper agreement with ESI that agreement will remain in effect in accordance with its terms.  

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT  
ESI relies on users of the Site to bring copyright violations to ESI’s attention.  Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to ESI’s Designated Agent.  To report infringing materials on the Site, notify ESI’s agent:  
ESI  
Name of Agent Designated to Receive Notification of Claimed Infringement:   Michael Blondin
Full Address of Designated Agent to Which Notification Should be Sent:   Engineered Software, Inc.
4529 Intelco Loop SE, Suite A
Lacey, Washington, 98503  
Telephone Number of Designated Agent: 360-292-4049
Facsimile Number of Designated Agent: 360-412-0672  
Email Address of Designated Agent: michael.blondin@pump-flo.com  


To be effective, the notification must include the following:  
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ESI to locate the material;
  • Information reasonably sufficient to permit ESI to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
  • A statement that you have a good faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notwithstanding the foregoing, ESI does not guarantee any action based upon the receipt of such information.  INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT MAY RECEIVE NO RESPONSE.