Terms of Use

Terms of Use/Legal Notice, revised and effective as of April 25, 2007

Welcome

Please review these Terms and Conditions of Use (Terms of Use ) of the FPDA web site, including message boards, e-mail forms or other such mechanisms (the Web Site ). You, the user (hereinafter You, Your, or the User ), are welcome to browse and use this Web Site but remember that your access to and use of this Web Site are subject to your acceptance of the Terms of Use and to all applicable laws. If you do not agree to the Terms of Use, do not use this Web Site. In order to bring you better service, Fluid Power Distributors Association, Inc. (FPDA ) may regularly update and enhance this Web Site and may, from time to time, revise the Terms of Use. Use of this Web Site is governed by the Terms of Use posted at the time of use, so please check this page each time you access and use this Web Site.

Disclaimer & Limitation of Liability

This Web Site is provided for Your use on an as is basis. FPDA makes no representations or warranties of any kind, express or implied, as to the operation of the Web Site or as to the information, content, materials, or products included on this Web Site. FPDA uses its best efforts to maintain this Web Site but is not responsible for the results of any defects that exist in this Web Site, any outages, interruptions, viruses or other harmful components. You should not assume that this Web Site or its content is error free or that it will be suitable for the particular purpose that you have in mind when using it. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, FPDA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FPDA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER FORESEEABLE OR NOT, ANY FAILURE BY FPDA TO PROVIDE ACCESS TO OR USE OF THIS WEB SITE, OR ANY OTHER CAUSE WHATSOEVER. FPDA may, in its sole discretion and at any time, modify or discontinue this Web Site; limit, terminate or suspend a user’s use of or access to this Web Site and/or make changes to these Terms of Use.

Because certain jurisdictions to which these Terms of Use may be subject do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may be held to be inapplicable in those jurisdictions. In the event the foregoing limitation of liability is held to be unenforceable for any reason, then FPDA’s maximum liability for any of the foregoing types of damages shall be limited to the transaction fee for the transaction that gave rise to the claim.

Copyright & Trademark

Unless otherwise indicated, the documents and information, including, but not limited to, text, graphics, icons, logos, buttons and images, on this Web Site are copyrighted materials of, and owned and controlled by, FPDA or the party credited as the provider of the content. Reproduction or storage of documents and information from this Web Site is subject to the U.S. copyright laws, and other international copyright laws. All software used on this Web Site is the property of FPDA or its software suppliers and is subject to U.S. and international copyright law. You may not modify, decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Web Site. You may not reproduce, modify, distribute, transmit, republish, display or perform any of the content of this Web Site. See below for FPDA’s procedures for handling claims of copyright infringement.

Fluid Power Distributors Association, FPDA and the FPDA logo are trademarks of FPDA. This Web Site contains many third-party trademarks and service marks of participating manufacturers and distributors. All marks are the property of their respective holders.

Third Party Content

This Web Site provides content, hyperlinks and references to external web sites of third-parties, including, without limitation, the web sites and material of third-party FPDA members, distributors, manufacturers, vendors and suppliers. FPDA neither endorses nor is responsible for the availability, accuracy, currency or reliability of any information, statement, opinion or advice contained in such a third party's Web Site or material. You should use them with caution. It is the responsibility of every user to evaluate the accuracy, currency, completeness or usefulness of any information, statement, opinion or advice or other content available through any third party Web Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, statement, opinion, advice or other content. Any concerns regarding such third-party content should be directed to the third-party. You acknowledge that under no circumstances will FPDA be liable for any loss or damage caused by reliance on information obtained through a third party Web Site. Nothing on this Web Site shall be deemed to be a recommendation of any third-party or to constitute any representation as to a third-party’s qualifications, services, products, offerings, information or any other content.

Articles Disclaimer

This Website posts articles containing information in the form of news and/or opinions that, unless otherwise stated therein, should not be construed as specific advice or instruction from FPDA or official expressions of FPDA. FPDA does not warrant, neither expressly or by implication, the factual accuracy of the articles posted, nor does it adopt any statement as its own, or warrant any news or opinions offered by the author of said articles. Although FPDA believes all statements made in the articles to be reliable and accurate based upon representations made by the authors themselves, FPDA cannot guarantee that such statements are reliable and accurate and FPDA accepts no fault or liability for any error or omission with respect to such articles.

Business Forms Disclaimer

This Website posts business forms designed to provide authoritative and accurate information in regard to the subject matter covered solely as a starting point for you or your business. To the extent that any of these business forms contain legal principles, you should not rely upon these business forms as a substitute for legal advice. The accuracy of the information is not guaranteed by FPDA since the applicability of the legal principles contained within the business forms may change and/or be subject to differing interpretations in individual situations or in different states or jurisdictions. Legal advice of any nature should be sought from competent, independent, legal counsel in the relevant state or jurisdiction and FPDA makes absolutely no warranties regarding the suitability of these business forms for a particular purpose.

Who May Use?

Users may use this Web Site for their personal or their company’s use in order to inform themselves about FPDA, its programs and its members for themselves or for their company and for no other purpose. Other than the foregoing, Users may not use this Web Site or post any material to this Web Site that is commercial in nature without the prior consent of FPDA, including, but not limited to, junk mail, spam, chain letters or any other form of solicitation. Users are forbidden to sell, trade or distribute the contents of this Web Site or any data obtained from this Web Site to anyone. In no event may this Web Site be used or linked to by any party charging a fee for access to this Web Site or for access to any information gathered in this Web Site, including, but not limited to, any product or pricing information.

User Guidelines

This Web Site is meant to facilitate an open exchange of information and resources among FPDA members and the public. To enable that exchange, Users are required to adhere to these Terms of Use, including the following guidelines for Users.

Legal Compliance & Posting Limitations

Users must use this Web Site in accordance with all applicable international, federal, state and local laws and regulations 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 that reveals any information that should be known to the user to be confidential or 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.

Antitrust Law Compliance

Users may not post or transmit content regarding pricing, output, refusals to deal, or other conduct prohibited by antitrust and unfair competition laws and regulations. FPDA reserves the right to remove such material, at its sole discretion, and take such other action as FPDA deems appropriate, including reporting to and cooperating with government authorities.

Integrity of the Web Site and its Content

Users may not use, post or transmit any device, software, routine, virus, spam, mass e-mail, commercial material, corrupted data or otherwise attempt to or intend to interfere with or damage the proper working of this Web Site or any activity conducted on this Web Site or to damage or intercept any data or information on this Web Site. Users may not delete or revise any material posted by FPDA or by another User. Users may not violate or attempt to violate the security, efficiency, reliability, or integrity of this Web Site 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 Web Site restricted to User access.

Passwords

Users who have a password allowing access to non-public areas of this Web Site 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 FPDA immediately of any unauthorized use of a password or a registration profile.

Responsibility for Content

This Web Site is a passive conduit for Users to access information about FPDA, its resources and its members. FPDA makes every effort to keep information on this Web Site up-to-date but, as FPDA depends on manufacturers, distributors, vendors and other industry sources for information, FPDA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CURRENCY, COMPLETENESS OR ACCURACY OF ANY INFORMATION ON THIS WEB SITE. FPDA does not preview, screen, edit or monitor the information placed on this Web Site by third parties via posting to message boards, e-mail forms or other such mechanisms, though FPDA may do so if it chooses. FPDA, its directors, employees, agents and members, have no control over and take no responsibility for the quality, safety, pricing, desirability, completeness, currency or appropriateness of any information accessed via this Web Site. Nothing on the Web Site shall be deemed to be an endorsement, representation or warranty by FPDA with respect to any User or member.

If FPDA becomes aware that any content posted to its Web Site may violate laws, regulations, or these Terms of Use, in FPDA’s sole discretion, FPDA reserves the right to remove such material and take such other action as FPDA deems appropriate, including reporting to and cooperating with government authorities.

Indemnification

User agrees to defend, indemnify and hold harmless FPDA, its officers, directors, employees and agents against and from any third party claims, actions, damages or demands, including but not limited to, reasonable legal and accounting fees, resulting from User’s use or misuse of this Web Site, violation of these Terms of Use, or any activities related to this Web Site, or from User’s violations of the rights of any other User of this Web Site. Use of this Web Site is at User’s own risk.

Privacy Statement

The protection of Your privacy is very important to us at FPDA. FPDA does not collect personally identifiable or confidential information about individuals or companies using this website except when such individuals specifically provide information on a voluntary basis, for example, in the registration process areas of this Web Site or when registering as an FPDA member. Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the User at the time of collection. We do not otherwise track or monitor visitors to this Web Site. The information You give us will be used for the purpose stated when collected.

As FPDA expands the range of options and services available from this Web Site, the collection and use of personal data will also change to serve you better. We therefore reserve the right to modify this Privacy Statement at any time and will post notice of such changes to this Web Site. If you have any questions or concerns about privacy and security at FPDA, please email Terms Of Use ConcernsTerms Of Use Concerns

Choice of Law and Forum; Severability; Entire Agreement; No Modifications

These Terms of Use are governed by the law of the State of New Jersey without giving effect to its conflict of law principles. You agree that jurisdiction and venue for any claim arising under these Terms of Use shall lie exclusively with the state or federal courts sitting in New Jersey, and waive any and all objections to such jurisdiction and venue, and waive personal service of process and agree that any summons and complaint commencing an action in any such court shall be properly served and shall confer personal jurisdiction if served by registered or certified mail. Any action or suit brought with respect to this Web Site or these Terms of Use shall be tried by a court and not by a jury. YOU WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY SUCH ACTION OR SUIT. If any provision of these Terms of Use is found to be invalid by any such court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. Except as expressly otherwise provided, these Terms of Use constitute the entire agreement between You and FPDA with respect to the use of this Web Site. No changes to these Terms of Use shall be made except by a revised posting on this Web Site.

Customer Inquiries

This Web Site is brought to You by Fluid Power Distributors Association, Inc., P.O. Box 1420, Cherry Hill, New Jersey 08034-0054. For further information relating to these Terms and Conditions of Use, please email Terms Of Use Concerns.

CLAIMS OF COPYRIGHT INFRINGEMENT

I. Notification

The following Agent has been designated by Fluid Power Distributors Association ("FPDA") to receive notifications of alleged copyright infringement:

Kathleen A. DeMarco, Executive Director
Fluid Power Distributors Association, Inc.
1930 East Marlton Pike
Cherry Hill, NJ 08003
Phone: 856-424-8998
Fax: 856-424-9248

Each notification of infringement must include the following:

1. a description of the allegedly infringed work in which copyright is claimed;

2. a description of the allegedly infringing material and information reasonably sufficient to permit FPDA to locate the material;

3. information sufficient for FPDA to contact you, including your name, address, telephone number and/or email address;

4. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, by its agent, or the law;

5. a statement by you, made under penalty of perjury, that the above provided information is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and

6. a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.

II. Response

In response to each notification of infringement containing the information as outlined in 1 through 6 above, FPDA shall:

1. remove or disable access to the material that is deemed infringing;

2. provide written notification to the alleged infringer ("subscriber"); and

3. take reasonable steps to promptly notify the subscriber that it has removed or disabled access to the material.

III. Counter Notification

A subscriber may serve a counter notification on the designated Agent. Each counter notification must include the following:

1. identification of the material that has been removed or to which access has been disabled;

2. a statement, made under penalty of perjury, that the subscriber has a good faith belief that the material was removed or disabled through mistake, or misidentification;

3. the subscriber’s contact information, including, name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscribers address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent or such person; and

4. a physical or electronic signature of the subscriber or a person authorized to act on the subscriber’s behalf.

IV. Response to Counter Notification

In response to each Counter Notification containing the information as outlined in 1 through 4 above, FPDA shall:

1. promptly provide the complaining party with a copy of the counter notification;

2. inform the complaining party that it will replace the removed material or cease disabling access to it within ten (10) business days;

3. replace the removed material or cease disabling access to the material within fourteen (14) business days following receipt of the counter notification, provided that FPDA’s designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain subscriber from engaging in infringing activity relating to the material on FPDA’s system or network.

NOTICE: Any person who knowingly materially misrepresents that material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorney’s fees) incurred by the alleged infringer, the copyright owner or its licensee, or the service provider, under Title 17, United States Code, Section 512(f).