PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE.
These materials are provided by Engineered Air as a service to its customers for informational purposes only. The information at this site about Engineered Air is used with the permission of Airtex Manufacturing Partnership and Airtex Manufacturing Inc. Single copies may be downloaded subject to the provisions below. By downloading any materials from this site, you agree to these terms. If you do not agree, do not use the site or download any materials from it.
Terms and Conditions
By accessing the ENGINEERED AIR web site (the "Site") you agree to be bound by the terms and conditions set out below.
1. No Warranty or Representation. While ENGINEERED AIR uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with ENGINEERED AIR, its, suppliers or affiliates. Neither ENGINEERED AIR, its alliance partners, suppliers, affiliates nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if ENGINEERED AIR has been advised of or foresees the possibility of any damages occurring. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES. Changes or updates to the contents of this Site may occur without notice.
2. Use of the Site. You shall use the Site for lawful purposes only. You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. Nor shall you post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms, or which, without Engineered Air's prior written approval, contain advertising or any solicitation with respect to products or services. Any conduct by you that, in Engineered Air's opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.
3. Use of Information. You hereby agree that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against ENGINEERED AIR, its suppliers or affiliates. You may not post, publish, reproduce, transmit or otherwise distribute information or material on the Site: (a) constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the copyright holder; (c) otherwise use this Site in a way that is contrary to law or which would adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components.
4. Linkage. This Site may contain links to other web sites that are not under the control of ENGINEERED AIR and ENGINEERED AIR is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. ENGINEERED AIR provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by ENGINEERED AIR of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these web sites, which you should locate and review.
5. Monitoring. ENGINEERED AIR is under no obligation to monitor the Site and assumes no responsibility or liability should its content be modified or altered in any way without ENGINEERED AIR's consent.
5. Revisions. ENGINEERED AIR may at any time revise these Terms and Conditions by updating this posting. You should therefore review these Terms and Conditions each time you access the Site.
7. Product Descriptions. ENGINEERED AIR attempts to be as accurate as possible. However, ENGINEERED AIR does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current or error-free.
10. Viruses, etc.. ENGINEERED AIR assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.
11. Right of Indemnification. You agree to defend, indemnify and hold ENGINEERED AIR, its suppliers, alliance partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.
12. Waiver. ENGINEERED AIR's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights contained in these Terms and Conditions.
13. Governing Laws. By visiting the Site, you agree that these Terms and Conditions shall be governed by the laws of the province of Alberta and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.
14. Territory. The Site originates in Canada. Information ENGINEERED AIR publishes on the World Wide Web may contain references or cross references to ENGINEERED AIR products and services that are not available in your country or your area of the country. Such references do not imply that ENGINEERED AIR intends to announce such products or services in your country or area. Consult your local ENGINEERED AIR sales office for information regarding the products and services that may be available to you.
15. Copyright and Intellectual Property. The Site contains information and materials, including but not limited to, text, software, photos, video, graphics and audio, (collectively "Materials") which are derived in whole or in part from information and materials supplied by Engineered Air and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the Canada and United States Copyright Laws. Engineered Air owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) or otherwise reduce any software on or in the site to a human-perceivable form, except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of Engineered Air's or such other sources' copyright, trademark and other proprietary rights and may violate other laws. The use of any such Materials on any other Web site or networked computer or environment is prohibited without Engineered Air's express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.
In Canada, the United States and other countries the trademarks ENGINEERED AIR. ENG A and ENG A & Design are owned by Airtex Manufacturing Partnership (an Alberta, Canada registered partnership), the trademarks AIRTEX and QDT are owned by Resman Holdings Ltd. (an Alberta, Canada corporation) and the trademark TRI MED is owned by Airtex Manufacturing Inc. (a corporation of Kansas, U.S.A.). Licenses have been granted for use of these trademarks by the foregoing entities as applicable. Each of the forgoing trademarks is registered on the Federal Trademark Registers of Canada and the United States. Engineered Air is also the operating name of Airtex Manufacturing Partnership in Canada and licensed to Airtex Manufacturing Inc. as its operating name in the United States.
©2004 Airtex Manufacturing Partnership. All rights reserved.