This web site is operated by Hayward Distributing Company. The website address for Hayward Distributing Company is http://www.haydist.com. The mailing address for Hayward Distributing Company is 4061 Perimeter Drive, Columbus Ohio 43228.
RESTRICTIONS ON THE USE OF SITE CONTENT
The text, data, articles, photos, images and other information (collectively, "Content") on this site are owned by Hayward Distributing or its Content providers and is protected by U.S. and International copyright laws and treaties. You acknowledge that the Content is and shall remain the property of Hayward Distributing. You may not copy, modify, transmit, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. The use of the Content on any other Site, including by linking or framing, or in any networked computer environment for any purpose is prohibited without Hayward Distributing's prior written approval.
Hayward Distributing and all related logos (collectively the "The Hayward Distributing Trademarks") are trademarks or service marks of Hayward Distributing. Other company, product, and service names and logos used and displayed on this Site may be trademarks or service marks owned by Hayward Distributing or others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Hayward Distributing Trademarks displayed on this Site, without our prior written permission in each instance. We prohibit the use of any of the Hayward Distributing Trademarks as part of a link to or from any site unless establishment of such a link is approved in advance by us in writing.
If you believe, in good faith, that any materials on the Site infringe your copyrights, notifications of claimed copyright infringement should be sent, in accordance with Title 17, United States Code, Section 512(c)(2) (under the "Digital Millennium Copyright Act") to Hayward Distributing's designated agent. Notification should include:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material you claim is infringing is located on the Site;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner's behalf.
Hayward Distributing's agent for notification of claimed copyright infringement is: Jeff Budde, (800) 282-1585, fax: (800) 252-8451,firstname.lastname@example.org
NONE OF HAYWARD DISTRIBUTING, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AGENTS OR INDEPENDENT CONTRACTORS (COLLECTIVELY THE "HAYWARD DISTRIBUTING PARTIES") GUARANTEES THE ACCURACY, ADEQUACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND HAYWARD DISTRIBUTING DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT. THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. THE HAYWARD DISTRIBUTING PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL HAYWARD DISTRIBUTING PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE ARISING OR RELATING IN ANY WAY TO YOUR USE, OR INABILITY TO USE, THE CONTENT, THE SITE OR ANY THIRD PARTY SITE TO WHICH THIS SITE IS LINKED. HAYWARD DISTRIBUTING IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE HAYWARD DISTRIBUTING PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
MONITORING OF THE SITE
Hayward Distributing has no obligation to monitor the Site; however, you acknowledge and agree that Hayward Distributing has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental requests, to operate the Site, or to protect itself or other users of the Site.
SUBMISSIONS TO THE SITE
You agree to indemnify and hold harmless the Hayward Distributing Parties from and against any and all claims, losses, expenses, or demands or liabilities, including attorneys' fees and costs, incurred by the Hayward Distributing Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit, post to or transmit through the Site, or (ii) your use of the Site in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate as reasonably required in the defense of any such claims. The Hayward Distributing Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not, in any event, settle any such claim or matter without the written consent of Hayward Distributing. You further agree to indemnify and hold harmless the Hayward Distributing Parties from any claim arising from a third party's use of information or materials of any kind that you post in a Public Area.
LINKS TO THIRD PARTY SITES
USE OF PERSONALLY IDENTIFIABLE INFORMATION
You agree to use the Content and Site only for lawful purposes. You are prohibited from any use of the Content or Site that would constitute an illegal offense, give rise to liability or otherwise violate any applicable local, state, national or international law or regulation. Hayward Distributing makes no claims concerning whether the Content may be downloaded or are appropriate for use outside of the United States. If you access this Site from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
This Agreement is effective until terminated by Hayward Distributing at any time without notice. Hayward Distributing may suspend or terminate your access and use of the Site at any time, with or without cause, in Hayward Distributing's absolute discretion and without notice. The following paragraphs of this Agreement shall survive termination of your use or access to the Site: paragraphs concerning Indemnification, Disclaimer of Warranties, Limitations of Liability, applicable law and dispute resolution, and any other provision that by its terms survives termination of your use or access to the Site.
Failure by Hayward Distributing to enforce any provision(s) of this Agreement shall not be as a waiver thereof. THIS AGREEMENT AND ALL OTHER ASPECTS OF YOUR USE OF THE SITE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO, WITHOUT REGARD TO ITS CONFLICT OF LAWS RULES. All claims and disputes arising out of this Agreement, and applicable federal law or your use of the Site, other than actions for specific performance or injunctive relief brought by Hayward Distributing, shall be exclusively brought in the federal, state, or local courts located in Ohio, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over you by those courts and (ii) waive any jurisdictional, venue, or inconvenient forum objections to such courts. Any cause of action you may have with respect to the Content, Site or this Agreement must be commenced within one (1) year after the claim or cause of action arose, or be barred. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect. This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Neither the course of conduct between parties nor trade practice shall act to modify any provision of the Agreement. All rights not expressly granted herein are hereby reserved.
If you have questions regarding the Agreement or the practices of Hayward Distributing, please contact us by e-mail at email@example.com or by regular mail at Hayward Distributing Company, 4061 Perimeter Dr, Columbus OH 43228, Attention, Jeff Budde.
Last Updated: December 18, 2008