Please read these Terms carefully. By accessing or using our website (https://www.ohiohydraulics.com/), or services linked thereto (collectively the “Site”), you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use our Site.
This Site is operated by Ohio Hydraulics, Inc. (“Ohio Hydraulics”,” “we,” “our,” or “us”). These terms and conditions apply solely to your access to, and use of, the Site, and these terms and conditions (the “Terms”) do not alter in any way the terms or conditions of any other agreement you may have with Ohio Hydraulics for products, services or otherwise.
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page. We will let you know via email and/or a prominent notice on our Site, prior to the change becoming effective. You are advised to review these Terms periodically for any changes. Changes to these Terms are effective when they are posted on this page. If you do not agree to any amended Terms, you should stop using the Site. Please refer to our Privacy Policy, for information on how we collect, use and disclose information, including personal information from users of our Site.
COPYRIGHTS AND TRADEMARKS.
All content, including names, images, logos and pictures identifying services of Ohio Hydraulics or any of its site designs, text, graphics, interfaces, and the selection and arrangements thereof, is licensed by or is the exclusive property of Ohio Hydraulics protected by intellectual property rights. Any software provided through or used to operate the Site is licensed, not sold, to you by us, and such license is limited to object code only. Please note that our Site may contain software governed by the license of a third-party, and you agree to abide by the terms and conditions of the same by using the Site. Except as expressly permitted herein, you must not, nor enable any other person to, rent, lease, lend, sell, redistribute, sublicense, copy, reverse engineer, decompile, translate, modify, rent, use as a service bureau, distribute copies of, adapt, create derivative works based on, or otherwise inappropriately use the Site.
Any trademark, service mark, copyright, logo, tradename, and/or the like (collectively, the “Marks”) contained in the Site, whether or not appearing in large print or with the trademark symbol, belongs exclusively to us or our licensors, and you may not use or display such Marks without our express written permission. Nothing in these Terms grants you any right to use our, or any third-party’s, Marks. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Ohio Hydraulics or the Site.
FEEDBACK.
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or Ohio Hydraulics that are provided by you in the form of email or other submissions to Ohio Hydraulics, or any postings on the Site (collectively, “submissions”), are non-confidential and non-proprietary and shall become the sole property of Ohio Hydraulics. Ohio Hydraulics shall have exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any purpose without acknowledgment or compensation to you. By providing submissions, you represent and warrant that: (a) you own and control all of the rights to the submissions or you otherwise have the right to provide such submissions to the Site; (b) the submissions are accurate and not misleading; and (c) use and posting of the submissions you provide does not violate the Terms and will not violate any rights of or cause injury to any person or entity.
INDEMNIFICATION.
You agree to defend, indemnify and hold harmless Ohio Hydraulics, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to content you post, store or otherwise transmit on or through the Site, your use of the interactive areas, or any act or omission relating to the Site, including without limitation any actual or threatened suit, demand or claim made against Ohio Hydraulics and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to your violation of these Terms or your violation of the rights of any third party.
DISCLAIMERS.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY OHIO HYDRAULICS, THE SITE, AND ITS MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. OHIO HYDRAULICS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SERVICES MATERIALS ACCESSED THROUGH THE SITE. OHIO HYDRAULICS DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. OHIO HYDRAULICS IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY ACTIVITIES OR EVENTS LISTED ON THE SITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OF OTHER USERS OF THE SITE.
Ohio Hydraulics is not responsible for typographical errors or omissions, including those relating to pricing, text or photography. While Ohio Hydraulics attempts to make your access and use of the Site safe, Ohio Hydraulics cannot and does not represent or warrant that your access to the Service materials are free of viruses or other harmful components. Although Ohio Hydraulics attempts to provide useful information, it makes no representations or warranties as to the completeness or accuracy of information. Nothing contained herein is to be construed as a recommendation to use any product, combination of products, process, equipment or formulation in a way that infringes any patent, trademark, copyright or other intellectual property right and Ohio Hydraulics makes no representation or warranty, express or implied, that the use, sale, or transfer thereof will not infringe any patent, trademark, copyright or other intellectual property right.
Ohio Hydraulics reserves the right to withdraw or amend the services, and any services materials provided on the Site, in our sole discretion, at any time, and without notice. Ohio Hydraulics will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. We reserve the right to withdraw or amend the Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Ohio Hydraulics.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL OHIO HYDRAULICS OR OUR EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR AFFILIATES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE SERVICE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM OHIO HYDRAULICS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OHIO HYDRAULICS RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OHIO HYDRAULICS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICES MATERIALS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO OHIO HYDRAULICS FOR ACCESS TO OR USE OF THE SITE.
BY USING THE SITE, YOU AGREE THAT YOU WILL LOOK ONLY TO THE ASSETS OF OHIO HYDRAULICS, AN UNINCORPORATED ASSOCIATION, FOR PAYMENT OF ANY OBLIGATION THAT MAY BECOME DUE FROM OHIO HYDRAULICS IN CONNECTION WITH YOUR USE OF THE SITE. NO MEMBER, OFFICER, EMPLOYEE, OR AGENT OF OHIO HYDRAULICS SHALL BE LIABLE FOR ANY SUCH OBLIGATION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
AGREEMENT TO ARBITRATE.
Any claim, dispute or controversy of any kind, regardless of the type of claim or legal theory or remedy (“claim”) by either you or Ohio Hydraulics against the other arising from, relating to or in any way concerning the Terms, Privacy Policy, or any goods you receive from us (or from any advertising for any such goods) must, at the demand of either party, be submitted to and determined by binding and confidential arbitration in Hamilton County, Ohio, before a single arbitrator. To the extent issues of state law are implicated, the laws of the State of Ohio shall apply. The arbitration will be administered by the American Arbitration Association (“AAA”) pursuant to its comprehensive arbitration rules and procedures in effect at the time of the arbitration and in accordance with the expedited procedures in those rules. This agreement to arbitrate also includes: (i) claims relating to the enforceability or interpretation of any of these arbitration provisions; (ii) claims that relate directly to Ohio Hydraulics and/or its affiliates, successors, assignees, employees, agents, or independent contractors; and (iii) claims asserted as part of a class action, private attorney general or other representative action, it being expressly understood and agreed to by you and Ohio Hydraulics that the arbitration of such claims must proceed on an individual (non-class and non-representative) basis and the arbitrator may award relief only on an individual (non-class and non-representative) basis. The parties shall maintain the confidential nature of the arbitration proceedings and award, including the hearing, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or enforcement of the award, or unless otherwise required by law or judicial decision. Judgment upon the award rendered by an arbitrator hereunder may be entered in any court having jurisdiction.
You hereby knowingly and voluntarily waive any right you have to a jury trial, or an appeal to a state or federal court of appeal, with regard to any dispute arising under, relating to, or in connection with the Terms, Privacy Policy, or any goods you receive from us (or from any advertising for any such goods). All such disputes shall be resolved through binding arbitration and no class action, consolidated action, private attorney general or other representative claims may be pursued in arbitration. By accepting this arbitration agreement, you agree to waive the right to initiate or participate in a class action, representative action, private attorney general action or consolidated arbitration in any matter encompassed by this arbitration provision.
TERMINATION.
We may suspend, change, or terminate these Terms and/or your access to the Site or portions of the Site immediately and without notice, for any reason, including without limitation: (a) your breach of these Terms; (b) a request by law enforcement or other government agency; (c) our discontinuation of or material modification to the Site; and/or (d) an unexpected technical or security issue or problem. We also reserve the right, in our sole discretion, to terminate your access to all or part of any of the Site, for any reason, with or without notice.
THIRD PARTY LINKS.
Our Site may include links to other sites on the internet that are owned and operated by online merchants and other third parties. You acknowledge that Ohio Hydraulics is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Ohio Hydraulics is not responsible for your use of said third-party sites. We encourage you to review said privacy policies of third-party sites.
GOVERNING LAW.
These Terms are governed by and will be construed according to Ohio law, without respect to its conflict of law principles. You agree to submit to the jurisdiction of the courts situated in the State of Ohio with respect to any dispute, disagreement, or cause of action related to or involving our Site.
MISCELLANEOUS.
If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
ENTIRE AGREEMENT.
These Terms, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services of offers, contains the whole agreement between you and Ohio Hydraulics regarding the use of the Site. The failure of Ohio Hydraulics to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your online account is nontransferable. No agency, partnership, joint venture or employment is created as a result of these Terms, and you may not make any representations or bind Ohio Hydraulics in any manner.
QUESTIONS & CONTACT INFORMATION.
Questions or comments about the Site may be directed to Ohio Hydraulics at [email protected]