These Terms and Conditions of Use were last updated on November 16, 2020
Acceptance of Terms through use
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”); for example, you agree not to use this site for unlawful purposes. Our Terms of Use exempt PUMPMAN and other persons and entities from liability and contains other important provisions that you should read. If you do not agree with each provision of these Terms of Use each time you use the Site, or you are not legally authorized to agree to and accept these Terms of Use, you may not use the Site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Third Party Sites
This site may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of PUMPMAN, and you acknowledge that PUMPMAN is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by PUMPMAN or any association with its operators. No rights to use or copy the information on the third-party site are granted or implied.
Proprietary Rights
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by PUMPMAN, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from PUMPMAN is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of PUMPMAN. Permission is granted only when certain limited criteria are met.
User’s Grant of Limited License
By posting or submitting content to this site, you:
grant PUMPMAN and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by PUMPMAN will not infringe or violate the rights of any third party.
Procedure for making claims of Copyright Infringement
We respect the intellectual property rights of others, and require that the people who use this Site do the same. If you believe that your work has been copied in a way that constitutes a copyright infringement, please contact us immediately.
This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (DMCA) for the reporting of alleged copyright infringement. It is the policy of PUMPMAN (“Company”) to respect the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Company computing system are required to respect the legal protections provided by applicable copyright law.
Accommodation of Standard Technical Measures. It is Company policy to accommodate and not interfere with standard technical measures it determines are reasonable under the circumstances (i.e. technical measures that are used by copyright owners to identify or protect copyrighted works).
Login Names and Passwords
PUMPMAN may from time to time allow access to the Site or any portion thereof by use of a unique login name and password. The use of a password does not restrict access by PUMPMAN and its service providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized PUMPMAN representative. Also, passwords should be non-obvious, hard-to-guess, confidential and changed on a regular basis (for your own protection). You must log-out at the end of each session.
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with these Terms of Use. You must immediately notify PUMPMAN at marketing@PUMPMAN.com if any of the following occur: any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
PUMPMAN is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must respond promptly to all email and other correspondence from PUMPMAN, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Site.
The security and privacy provided by passwords is not complete, and can be circumvented. Your use of passwords is at your own risk.
Indemnification
You agree to defend, indemnify and hold PUMPMAN harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees arising from or related to your use of this site.
International Use
PUMPMAN makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Trademark Ownership
PUMPMAN is a registered trademark and may not be used without the written permission of PUMPMAN Holdings LLC. All product and service marks contained herein that are not PUMPMAN marks are the trademarks of their respective owners.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and PUMPMAN with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and PUMPMAN with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Survival
The termination of the agreement created by your acceptance of these Terms of Use will not affect or prejudice any rights or obligations which have accrued or arisen under these Terms of Use prior to the time of termination or which expressly or by their nature survive the termination or expiry of these Terms of Use and those rights and obligations will continue in full force and effect subsequent to and notwithstanding such termination until they are satisfied or by their nature expire. Without intending to limit the generality of the foregoing the following provisions will survive the termination of these Terms of Use and will apply to any claim that you may have against PUMPMAN after the termination of these Terms of Use for any reason: Confidentiality; Submissions; Disclaimer of Warranties; Limitation of Liability; Indemnification; Applicable Laws; and Arbitration and Consent to Jurisdiction.
Waiver
A waiver of any default, breach or non-compliance under these Terms of Use is not effective unless in writing and signed by PUMPMAN. No waiver will be inferred from or implied by any failure to act or delay in acting by PUMPMAN in respect of any default, breach, non-observance or by anything done or omitted to be done by you. The waiver by PUMPMAN of any default, breach or non-compliance under these Terms of Use will not operate as a waiver of PUMPMAN ’s rights under these Terms of Use in respect of any continuing or subsequent default, breach or non-compliance (whether of the same or any other nature).
Successors and Assigns
These Terms of Use will take effect to the benefit of, and will be binding on, the parties and their respective successors and permitted assigns provided that you may not assign these Terms of Use or any of your rights or obligations hereunder without the prior written consent of PUMPMAN . PUMPMAN may assign these Terms of Use or any of its rights or obligations hereunder to a subsidiary or an affiliate or to a purchaser of all or substantially all of PUMPMAN ’s assets provided the assignee agrees in writing to assume and be bound by all or the assigned portion of PUMPMAN ’s obligations under these Terms of Use, whereupon PUMPMAN will be released from all or such assigned portion of its obligations under these Terms of Use.
Electronic Documents
When you visit this Site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on this Site. This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing; (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
Termination
PUMPMAN reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.