RAYPAK, INC.
TERMS AND CONDITIONS OF USE

Introduction

Raypak, Inc. ("Raypak") provides this website as a service to its customers, prospective customers, distributors, dealers, and others. Your access or use of this website is governed by this Terms of Use agreement ("Agreement"), which is a legal agreement between you and Raypak. By accessing or using this website, you expressly agree to be bound by the terms and conditions set forth in this Agreement. You acknowledge that you have read, understand, and agree to comply with the terms and conditions stated in this Agreement. If you do not wish to be bound by these terms and conditions, please do not access or use this website.

Raypak reserves the right to modify this Agreement at any time in its sole discretion and without notice. Any such modifications shall be effective immediately upon posting of the modified agreement. Your continued access or use of this website constitutes acceptance of the terms and conditions stated at the time of access or use.

Raypak reserves the right to change or delete the contents of this website, including, but not limited to specifications or designs of its products, at any time without notice.

Privacy

Raypak may collect information about the users of its websites. Collection of this information is governed by the Raypak Privacy Policy, which may be accessed here

Corporate Identification and Trademarks

All registered or unregistered corporate names, trademarks, service marks, logos, and other source-identifying designations (collectively "Marks") used or referred to on this website are the property of Raypak, unless otherwise noted. Unauthorized use of the Marks is prohibited.

Proprietary Rights to Content

You acknowledge and agree that the materials and information displayed on this website, including but not limited to, all written materials, catalogs, photographs, consumer programs, illustrations, artwork, designs, graphics, layout, or other materials ("Content"), are the property of Raypak and are protected by copyright, trademark, service mark, trade dress, patent, trade secret, or other intellectual property rights and laws. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, and other proprietary rights of Raypak is granted to or conferred upon you. The downloading, reproduction, printing, copying, storage, or distribution of any Content, other than for non-commercial individual use, is strictly prohibited. The use of any Content for a commercial purpose, without the express written consent of Raypak, violates Raypak's copyrights, trademark rights, and other intellectual property rights and may be a violation of federal law subject to criminal and civil penalties.
Online Sales

Raypak does not endorse, approve, or certify any online sale of its products through auction websites, online retailers or any other method of online sales direct to consumers. Published warranties are not applicable for any equipment manufactured by Raypak that has been sold direct to the consumer (i.e. without an in-house visit and inspection by a qualified, trained HVAC professional) via the internet or auction websites.

To purchase pool/spa equipment,please use our sales representative locator. In some regions, the sales representatives are independent contractors and are not owned or operated by Raypak.

To purchase hydronic heating and domestic hot water equipment, click here to find you local representative. The Representatives listed are independent contractors and are not owned or operated by Raypak.

Links to Third Party Websites

The Raypak website may contain links to external third-party websites that are not under the control of Raypak. These third party websites contain information created, published, maintained, or otherwise posted by companies, organizations, or others independent of Raypak. Raypak makes no representations whatsoever about any third party website to which you may have access through the Raypak website. When you access such a third party website, you do so at your own risk and acknowledge that Raypak is not responsible or liable for any content, advertising, products, or other materials available from such websites. You also agree that Raypak shall not be liable for any loss or damage of any sort incurred as a result of your use of any third party website.

Mention on the Raypak website of any third-party company or website, or to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise, is for informational purposes only and does not constitute an endorsement, recommendation, approval, or certification by Raypak.

User Conduct

You will not make any unauthorized use of this website or any content or features available on this website. You are responsible for all use of your account (including username and password) (if any) and shall be solely responsible for maintaining the security of your passwords. You agree that all the information and content posted or accessed in restricted password protected areas of the website is confidential to Raypak and will be used only for your personal and internal purposes. You may not engage in any conduct or action that is prohibited by law or violates any country, federal, state, or local laws.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT RAYPAK SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THIS WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF RAYPAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OF DAMAGE.

Disclaimer of Warranties

While every effort is made to insure accuracy, Raypak makes no warranty that this website will meet your requirements or that it will be uninterrupted, timely, secure, or error free; nor does Raypak make any warranty as to the results that may be obtained from the use of this website or as to the accuracy or reliability of any information obtained through this website. If you become aware that any information displayed on this website is inaccurate, please notify Raypak promptly so the matter can be investigated and corrected, if necessary.


You understand and agree that any content downloaded or otherwise obtained through the use of this website is done at your own risk and that you will be solely responsible for any damage done to your computer system or loss of data that results from the download of such content.

UNLESS EXPRESSLY STATED OTHERWISE, RAYPAK PROVIDES THIS SITE CONTENT "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL RAYPAK BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF RAYPAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This limitation is subject to the provisions of any applicable law that may restrict its scope.

Indemnification

You agree, at your expense, to indemnify, defend, and hold harmless Raypak, its officers, directors, employees, agents, affiliates, distributors, dealers, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of your breach of this Agreement or in connection with your use of this website or any product or service related thereto.

Governing Law

This Agreement and the relationship between you and Raypak shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. In addition, you agree to submit to the personal jurisdiction of the federal and state courts of New York for the resolution of any controversy or claim arising out of or relating to this Agreement or relating to use of this website and the material contained in this website.

Waiver/Severability

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Entire Agreement

This Agreement constitutes the entire agreement between you and Raypak concerning the use or access of this website.

Reservation of Rights

Any rights not expressly granted herein are reserved.

Questions?

Please contact Raypak at http://www.raypak.com/email.htm with any questions about this Agreement.

 

fiogf49gjkf05
fiogf49gjkf05
fiogf49gjkf05