The following Terms of Use govern your use of www.opw-es.com. Please read these Terms of Use carefully before using this website. By using this website, you hereby agree to these Terms of Use and signify that you have read them fully. If you do not wish to abide by the Terms of Use for this website, please discontinue viewing, reading and/or using this website immediately. If you violate any of these Terms of Use, your permission to use this website automatically terminates. OPW Engineered Systems reserves the right to revise these Terms of Use at any time without notice. By using this website subsequent to any revision of these Terms of Use, you agree to be bound by these changes.
OPW Engineered Systems does not accept ideas, concepts or techniques for new services or products through www.opw-es.com. If such information is received, it will not be considered confidential and OPW Engineered Systems will be free to use, communicate and exploit such information in any manner it chooses.
You may choose to register with www.opw-es.com by sending your request toopwsales@opw-es.com. Registering with www.opw-es.com may provide you with access to many non-public portions of www.opw-es.com. In the future, OPW Engineered Systems may add other features which may be accessed through www.opw-es.com registration. In such event, previously registered users will not be required to re-subscribe by sending a request to opwsales@opw-es.com.
By registering with www.opw-es.com, you agree to provide accurate and current information about yourself so that OPW Engineered Systems can provide you with the best level of service possible. You agree to notify OPW Engineered Systems whenever any of your previously-submitted information changes. OPW Engineered Systems shall not be held liable or responsible for services which you do not receive as a result of your failure to abide by this requirement. If you provide information which is inaccurate, not current or fraudulent, or if OPW Engineered Systems suspects that you have provided such information, OPW Engineered Systems reserves the right to suspend or terminate your account at www.opw-es.com.
Personal information includes all of the personally-identifying information you may provide to us through this website. OPW Engineered Systems will undertake reasonable commercial efforts to limit the dissemination of personally-identifying information. To that end, OPW Engineered Systems will only share such information with its key business partners. OPW Engineered Systems will use and share your personal information only if necessary and allowed by law to administer OPW Engineered Systems’s business of providing products and services to you as a customer of OPW Engineered Systems. OPW Engineered Systems further limits the access to your personal information by our employees only to those responsible for processing and reviewing your requests. Unless required by law or you provide express permission, OPW Engineered Systems will not exchange personal information with any third parties for their independent use.
OPW Engineered Systems does not intend for www.opw-es.com to be used by persons under the age of 13. Access by a person under the age of 13 shall be deemed a violation of these Terms of Use. OPW Engineered Systems does not intend to collect any personal information from any person under the age of 13. Persons under the age of 13 are not eligible to register at www.opw-es.com. Any request submitted to opwsales@opw-es.com by a person under the age of 13 shall be rejected. These statements comply with the Children’s Online Privacy Protection Act of 1998 (COPPA), 15 U.S.C. § 6501 et.seq.
OPW Engineered Systems has the right, but not the obligation, to monitor the use of this Website to determine and assure compliance with these Terms of Use and any other rules established by OPW Engineered Systems or at the lawful order or request of any governmental or judicial agency of competent jurisdiction pursuant to applicable law or regulation.
The contents of this website, including all text, graphics, arrangement, design, format, appearance and other material (the “Material”) is copyrighted by OPW Engineered Systems and protected under both United States and foreign laws. All rights are reserved. Unauthorized use of the Material, including reproduction, copying, transmission, distribution, preparation of derivative works, public performance, public display and any other unauthorized use, is prohibited by the Copyright Act of 1976, 17 U.S.C. § 101 et.seq., and other laws. Notwithstanding the foregoing, you, as a “viewer” or “user” of this website, are granted a nonexclusive, nontransferable, limited license to view, reproduce, print and distribute Materials retrieved from this website, provided that (a) such Materials are used for personal, informational and/or non-commercial purposes only, and (b) you do not remove, alter, obscure or otherwise eliminate from hard-copy versions the applicable copyright and other notices.
All names, logos, indicia and trademarks appearing on this website, except as otherwise noted, including without limitation OPW Engineered Systems and the OPW Engineered Systems logo are trademarks of OPW Engineered Systems. and may not be used without the express written permission of OPW Engineered Systems.
Various trademarks not owned by OPW Engineered Systems or its affiliates may appear on this website. All such trademarks, names, logos or indicia of ownership are the property of their respective owners, and are used fairly, in a non-commercial manner, and only to describe the goods and services of such entities in compliance with section 33(b)(4) of the Lanham Trademark Act, 15 U.S.C. § 1115 (b)(4).
Users are required to adhere to these Terms of Use, including the following guidelines for Users.
● Legal Compliance & Posting Limitations. Users must use this website in accordance with all applicable international, federal, state and local laws and may not post or transmit anything that would give rise to any civil or criminal liability for any party or otherwise violate any law. Users may not post or transmit anything that violates the copyright, privacy, confidentiality, publicity or intellectual property rights of any person or entity or that reveals any information that should be known to the user to be confidential or a proprietary. Users may not post or transmit anything that is false, misleading, defamatory, obscene, indecent, threatening, harassing, harmful or that could constitute an incitement to unlawful conduct.
● Integrity of the Website and its Content. Users may not use, post or transmit any device, software, routine, virus, Trojan horse, spam, mass e-mail, commercial material, corrupted data or otherwise attempt to or intend to interfere with or damage the proper working of this website or any activity conducted on this website or to damage or intercept any data or information on this website. Users may not delete or revise any material posted by OPW Engineered Systems or by another user. Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of this website or its content in any way, including without limitation by accessing data, servers or accounts for which user's password is not authorized, forging TCP/IP packet headers or payloads or accessing or attempting to access parts of this website restricted to user access.
● Passwords. Users who have a password allowing access to non-public areas of this website may not disclose, transmit, post, give away or in any manner share the password with any non-authorized party or use the password for any unauthorized purpose. User agrees to notify OPW Engineered Systems immediately of any unauthorized use of a password or a registration profile.
The Material on this website may contain inaccuracies and typographical or other errors. OPW Engineered Systems makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using this website and/or the Material. Use of this website and any information contained therein is at your own risk. The Material and other content on this website may or may not be periodically updated or revised at any time. These Terms of Use shall apply with equal force to any and all such updates or revisions.
OPW ENGINEERED SYSTEMS DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THIS WEBSITE OR OF THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, OPW FLUID TRANSFER GROUP IS NOT RESPONSIBLE FOR THOSE COSTS.
THIS WEBSITE AND THE MATERIAL ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND. OPW ENGINEERED SYSTEMS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED AND/OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. OPW ENGINEERED SYSTEMS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL, SERVICES, CONTENT, SOFTWARE TEXT, GRAPHICS AND LINKS.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT OPW FLUID TRANSFER GROUP IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIAL, OR WITH ANY OF THE CONTENT LOCATED ON THIS WEBSITE, OR WITH ANY OF THESE TERMSOF USE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. OPW FLUID TRANSFER GROUP MAKES NO WARRANTY THAT THE USE OF MATERIAL OR CONTENT DISPLAYED ON THIS WEBSITE WILL NOT ALSO INFRINGE UPON THE RIGHTS OF THIRD PARTIES NEITHER OWNED BY NOR AFFILIATED WITH OPW ENGINEERED SYSTEMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL OPW ENGINEERED SYSTEMS OR ANY OF ITS OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (i) THE USE OR INABILITY TO USE THIS WEBSITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, HARD-DRIVE OR SERVER; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTIES ON THIS WEBSITE; OR (iv) ANY OTHER MATTER RELATING TO THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT OPW ENGINEERED SYSTEMS IS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages and accordingly some of the foregoing may not apply to you.
This website may contain links to websites of OPW Engineered Systems's business partners. OPW Engineered Systems is not responsible for the content of their websites or the actions of the owners/operators of such websites. OPW Engineered Systems does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk. OPW Engineered Systems shall not, however, be a party to any contract entered into by you, the user, and any third party as a result of contact with the websites linked from this website, and thereby does not in any way guarantee the performance of any third party under any contract. You hereby release OPW Engineered Systems and its affiliates from any damages that you incur, and agree not to assert any claims against OPW Engineered Systems, arising from your use of these third party products or services, or the breach of any third party contract.
You may provide links to this website provided that: (i) you link only to the front page of this website, www.opw-es.com; (ii) you do not remove, alter, obscure or in any way eliminate the copyright notice, or other notices on this website; and (iii) you discontinue providing a link to this website if instructed to do so by OPW Engineered Systems or one of its representatives.
Images of people or places displayed on this site are either the property of, or used with permission or under license by OPW Engineered Systems. The use of these images by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You agree to indemnify, defend and hold harmless OPW Engineered Systems and its officers, directors, employees, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use or misuse of the Material or the website located at www.opw-es.com or your breach of these Terms of Use.
(13) CONTROLLING LAW AND SEVERABILITY
These Terms of Use and your use of www.opw-es.com are governed by and construed according to the laws of the United States and the State of Ohio, excluding conflicts of laws provisions. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or a portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible. Any cause of action with respect to www.opw-es.com, your use of www.opw-es.com, or these Terms of Use must be instituted within one year after the claim or cause of action has risen or be barred and must be brought in a court of competent jurisdiction within Warren County, Ohio. These Terms of Use may not be changed or modified without the prior written consent of OPW Engineered Systems.
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