Terms & Conditions of use

Welcome to MegaPumps.com, a web site managed by Mega Pumps, L.P. and its affiliates ("Mega Pumps"). This Terms and Conditions of Use sets forth the rules which are applicable to your use of MegaPumps.com and the use of any information collected or contained on MegaPumps.com.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. USE OF MEGAPUMPS.COM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AS IN EFFECT AT THE TIME OF YOUR USE. WE MAY AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME, SO YOU SHOULD CHECK THIS PAGE PERIODICALLY FOR ANY CHANGES.

Use of Material on MegaPumps.com. All content, including any information, artwork, text, animations, video, audio, pictures and media files, (collectively, "Materials") contained on MegaPumps.com is owned or is used with permission by Mega Pumps and is protected by worldwide copyright and trademark laws. You may access and use the Materials only for personal non-commercial purposes. You may not modify, reproduce, republish, post, transmit, distribute or use any Materials for any other purpose without Mega Pumps’ express written consent. Except as expressly provided herein, nothing contained on MegaPumps.com shall be construed as conferring any license or right under any copyright or other proprietary right.

Disclaimer of Liability. Your use of MegaPumps.com is at your own risk. The Materials, services, and data (collectively, "Information") made available at MegaPumps.com are provided "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ACCURACY, COMPLETENESS, CURRENCY OR ANY OTHER MATTER, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Neither Mega Pumps, nor its affiliates or their employees, partners, principals, agents and representatives, nor any other party involved in creating, producing or delivering MegaPumps.com shall be liable for any direct incidental, consequential, indirect, punitive or any other damages arising out of your access to, or inability to access, or use of, or inability to use, MegaPumps.com. This includes liability for damage to your computer hardware, data, information, materials and business resulting from the Information or the lack of information available on MegaPumps.com or from viruses that may infect your computer equipment.

Linked Sites. From time to time, MegaPumps.com may contain links to other web sites for your convenience ("Linked Sites"). Mega Pumps has not reviewed the content of all of these Linked Sites and such sites are not under Mega Pumps’ control. If you link to the Linked Sites you do so at your own risk. Mega Pumps, its affiliates, and their employees, partners, principals, agents and representatives, shall have no responsibility or liability for any communications or materials available at such Linked Sites. You should not consider such links to be endorsements by Mega Pumps of the Linked Sites or the organizations that sponsor them. Linked Sites are not governed by this Terms and Conditions of Use; you are responsible for reviewing and understanding any terms of use or privacy policy set forth on a Linked Site.

User Submissions. Any non-personal material, information or other communication you transmit or post to MegaPumps.com (“Communications”) will be considered non-confidential and non-proprietary. Mega Pumps will have no obligation with respect to the Communications. By sending Communications to Mega Pumps, you grant it a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to copy, disclose, distribute, incorporate into other materials and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from transmitting to MegaPumps.com any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. You agree to indemnify Mega Pumps and its affiliates for any and all claims, damages, losses and causes of action arising out of the transmission or publication of any information sent by you to MegaPumps.com or any Linked Sites. By sending Communications to Mega Pumps, you represent and warrant that you own or otherwise control the rights to send such Communications.

Privacy Policy. Mega Pumps takes your online privacy seriously. Mega Pumps does not gather personally identifiable information about visitors to MegaPumps.com except as described below. In some circumstances, Mega Pumps may request relevant personal information from you, such as your name, email address, company name or telephone number. Your response to these inquiries is strictly voluntary. Mega Pumps uses this information to process specific requests and to customize your experience on MegaPumps.com. For instance, if you do not provide Mega Pumps with your email address, Mega Pumps will not be able respond to your questions by email or include you in its future email distributions of new information. In general, however, you may visit MegaPumps.com without disclosing any personal information.

nternal Collection, Disclosure and Use of Information. Mega Pumps may use information about you for internal research and development. Mega Pumps is interested in assessing the number of visitors to the different sections of MegaPumps.com, what information is of most and least interest, determining technical design specifications, and identifying system performance or problem areas. For site security purposes and to ensure that this service remains available to all users, Mega Pumps may use software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. Information in the aggregate, such as demographic information, may be made available to our customers, partners, developers and others through reports.

Mega Pumps will take reasonable steps to protect your personally identifiable information from loss, misuse, and unauthorized access, alteration, or destruction. You should keep in mind that no Internet transmission is ever 100% secure or error-free; you should therefore take special care in deciding what information you send to MegaPumps.com.

Our employees and employees of our affiliates may be permitted access to personal information to the extent necessary to perform their jobs and provide you information about our products and services. Mega Pumps and its affiliates maintain strict internal policies against the unauthorized disclosure or use of personal information.

Except as described above, Mega Pumps will not willfully share your personally identifiable information with third parties without your express consent except in the good-faith belief that such action is necessary to (a) comply with law; (b) protect and defend our rights or property or the rights or property of other MegaPumps.com users; and (c) to protect the public.

Children. MegaPumps.com is not intended for children under the age of 18. We will not knowingly collect information from visitors to MegaPumps.com who are in this age group.

Cookies. Some pages on MegaPumps.com may use "cookies" to improve the level of service we can provide to you. Cookies are lines of text that are transmitted to a web browser and stored on your hard drive. When you return to MegaPumps.com the cookie is transmitted back. Cookies provide a way for our server to recall certain information from your previous visits to MegaPumps.com. A cookie can only be accessed from the web site that placed it on your system. The cookies we use do not collect personal identification information. Cookies are commonly used on web sites today and should not harm user computer systems. Your internet browser can be configured to notify you when cookies are about to be received and provide you with the option of refusing cookies. By not accepting cookies you may make some pages on MegaPumps.com less functional and you may be unable to access certain information.

Copyright and Trademark Notices. Mega Pumps and the Mega Pumps logo are trademarks of Mega Pumps, L.P. and its affiliates. Other products and trade references made on MegaPumps.com are the property of their respective owners. The trademarks, service marks, trade names, trade dress and products on MegaPumps.com may be protected in the United States and internationally. No use of any of these may be made without the prior, written authorization of Mega Pumps or any other owner thereof except to identify the products or services of the company.

Governing Law.These Terms and Conditions of Use shall be governed by and construed in accordance with the laws of New Jersey and any action you bring to enforce these Terms and Conditions of Use must be brought in State or Federal Courts located in New Jersey.

Future Terms and Conditions of Use Modifications. We are continually trying to improve MegaPumps.com and the products and services we provide to you. In the future we may expand MegaPumps.com and we reserve the right to revise this Terms and Conditions of Use as we deem advisable.

This document was last updated on November 16, 2005.