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Welcome to excellpressurewasher.com. The DeVilbiss Air Power
Company, its parent, subsidiaries and affiliates, (collectively “DeVilbiss”)
provide their services to you subject to the following conditions.
If you visit or shop at excellpressurewasher.com, you accept
these conditions. Please read them carefully.
In addition, when you use any current or future
excellpressurewasher.com service or visit or purchase from any business
affiliated with excellpressurewasher.com, whether or not included in the
excellpressurewasher.com web site, you also will be subject to the guidelines
and conditions applicable to such service or business.
Privacy Top
Please review our Privacy Policy, which also governs your
visit to excellpressurewasher.com to understand our practices.
Copyright Top
All content included on this site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations
and software is the property of DeVilbiss or its content suppliers and is
protected by U.S. and international copyright laws. The collection,
compilation, assembly and arrangement of all content on this site is the
exclusive property of DeVilbiss and is protected by U.S. and international
copyright laws.
Trademarks Top
Ex-CellTM and other marks indicated on our site
from time to time are trademarks of DeVilbiss, its subsidiaries or affiliates
in the U.S. or other jurisdictions. This list is not exhaustive and the absence
of a mark from this list should not be viewed as a waiver by DeVilbiss of any
of its rights concerning that mark. Other DeVilbiss product or service names,
logos, graphics, page headers, button icons, scripts are trademarks or trade
dress of DeVilbiss and may not be used in connection with any product or
service that is not DeVilbiss’ in any manner, but especially that which is
likely to cause confusion in the marketplace or in any matter that disparages
or discredits DeVilbiss. All other trademarks not owned by DeVilbiss that
appear on this site are the property of their respective owners who may or may
not be affiliated with or connected to DeVilbiss. You are not permitted to use
any mark displayed on this site for any purpose without the prior written
consent of the owner.
License and Site Access Top
DeVilbiss grants you a limited license to access and make
personal use of this site and not to download (other than page caching) or
modify it, or any portion of it, except with express written consent of
DeVilbiss. This license does not include any resale or commercial use of this
site or its contents; any collection and use of any product listings,
descriptions or prices; any derivative use of this site or its contents; any
downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots or similar data gathering and
extraction tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sole, resold, visited or otherwise exploited for any
commercial purpose without express written consent of DeVilbiss. You may not
frame or utilize framing techniques to enclose any trademark, logo or other
proprietary information (including images, text, page layout or form) of DeVilbiss
without express written consent. You may not use any meta tags or any other
“hidden text” utilizing DeVilbiss’ name or trademarks without the express
written consent of DeVilbiss. Any unauthorized use terminates the permission or
license granted by DeVilbiss. You are granted a limited, revocable and
nonexclusive right to create a hyperlink to the home page of
excellpressurewasher.com so long as the link does not portray DeVilbiss, its
affiliates or their products or services in a false, misleading, derogatory or
otherwise offensive manner. You may not use any DeVilbiss logo or other
proprietary graphic or trademark as part of the link without express written
permission.
Your Account Top
If you use this site, you are responsible for maintaining
the confidentiality of your account and password, if any, and for restricting
access to your computer. You agree to accept responsibility for all activities
that occur through your account and password. Excellpressurewasher.com does not
sell products for purchase by children. If you are under 18, you may use
excellpressurewasher.com only with involvement of a parent of guardian.
Excellpressurewasher.com and its affiliates reserve the right to refuse
service, terminate accounts, remove or edit content or cancel orders in their
sole discretion.
Feedback, Comments,
Communications and Other Content Top
Visitors may post comments and other content; send e-cards
and other communications; and submit suggestions, ideas, product ideas,
photographs, comments, questions or other information so long as the content is
not illegal, obscene, threatening, defamatory, harassing, invasive of privacy,
infringing of intellectual property rights or otherwise injurious or
objectionable to third parties, and does not consist of or contain software
viruses or malicious code, political campaigning, commercial solicitation,
chain letters, mass mailings or any form of “spam.” You may not use a false
e-mail address, impersonate any person or entity, or otherwise mislead as to the
origin of any content. Excellpressurewasher.com reserves the right (but not the
obligation) to remove or edit such content, but does not regularly review
posted content. If you do post content or submit material, unless we indicate
otherwise, DeVilbiss and its affiliates may use it royalty-free on an
unrestricted basis. In such event you grant DeVilbiss and its affiliates a
nonexclusive, royalty-free, perpetual, irrevocable and fully sublicenseable
right to use, reproduce, commercialize, modify, adapt, publish, translate,
create derivative works from, distribute, and display such content throughout
the world in any media. You grant DeVilbiss and its affiliates and sublicensees
the right to use any product idea and the name that you submit in connection with
such content, if they so choose. You represent and warrant that you own or
otherwise control all of the rights to the content that you submit, that the
content is accurate; that use of the content you supply does not violate this
policy and will not cause injury to any person or entity; and that you will
indemnify DeVilbiss or its affiliates for all claims resulting from your
submissions. No material will be returned to you. DeVilbiss has the right but
not the obligation to monitor and edit or remove any submission. DeVilbiss
takes no responsibility and assumes no liability for any content posted by you
or any third party.
Risk of Loss Top
All items purchased through excellpressurewasher.com from
DeVilbiss are made pursuant to a shipment contract. This means that the risk of
loss and title for such items pass to you upon our delivery to the carrier.
Product
Descriptions/"How To" Guides Top
Excellpressurewasher.com and its affiliates attempt to be as
accurate as possible. However, DeVilbiss does not warrant that product
descriptions, “how to” guides, or other content on this site is accurate,
complete, reliable, current or error-free. If a product offered by
excellpressurewasher.com itself is not as described, your sole remedy is to
return it in unused condition.
Other Businesses Top
Parties other than DeVilbiss may operate stores, provide
services or sell product lines on this site. In addition, we provide links to
the sites of affiliated companies and certain other businesses. Regardless of
whether they are an approved affiliate or business partner, DeVilbiss, its
parent and subsidiaries are not responsible for examining or evaluating and we
do not endorse or warrant the offerings of, any of these businesses, affiliates
or individuals or the content of their Web sites. DeVilbiss does not assume any
responsibility or liability for the actions, product, and content of all these,
including affiliates and any other third parties. Your dealings with them are
strictly between you and them and you should carefully review their privacy
statements and other conditions of use.
Disclaimer of Warranties and
Limitation of Liability Top
THIS SITE IS PROVIDED BY DEVILBISS ON AN “AS IS” AND “AS
AVAILABLE” BASIS. DEVILBISS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION,
CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, DEVILBISS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
DEVILBISS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
DEVILBISS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEVILBISS WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY
AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEVILBISS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). CERTAIN STATE LAWS DO NOT
ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
Applicable Law Top
By visiting excellpressurewasher.com, you agree that the
laws of the state of Maryland, without regard to principles of conflict of
laws, will govern these Conditions of Use and any dispute of any sort that
might arise between you and DeVilbiss or its affiliates.
Disputes Top
Any dispute relating in any way to your visit to
excellpressurewasher.com or to products you purchase shall be submitted to
confidential arbitration in Baltimore, Maryland, except that, to the extent you
have in any manner violated or threatened to violate DeVilbiss’ intellectual
property rights, DeVilbiss may seek injunctive or other appropriate relief in
any state or federal court in the state of Maryland, and your consent to
exclusive jurisdiction and venue in such courts. Arbitration under this
agreement shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator’s award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification
and Severability Top
Please review our other policies, such as those relating to
Shipping, Returns, Contests, Surveys Sweepstakes and Privacy, etc. all of which
are posted on this site. These policies also govern your visit to
excellpressurewasher.com. We reserve the right to make changes to our site,
policies and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void or for any reason unenforceable, that condition
shall be deemed severable and shall not affect the validity and enforceability
of any remaining condition. These Conditions of Use govern your use of this
site. You also may be subject to additional terms and conditions contained in
our invoices or purchase orders or terms and conditions that may apply when you
use affiliate services. The failure of DeVilbiss to exercise or enforce any
right or provision shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the site must be filed
within six (6) months after such claim arose or be forever barred.
The parties acknowledge that they have required that these
Conditions of Use be prepared and provided in English. Les parties reconnaissent
qu’elles ont exige que la presente convention soit redigee in anglais.
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