Wilden Store Website Terms and Conditions of Use
Last Modified: May 30, 2017
Welcome to wildenstore.psgdover.com (which we refer to as the “Wilden Store,” which term also refers to all functionality and services offered on or through the Wilden Store). These Terms and Conditions of Use (these “terms”) are in place to govern your use of the Wilden Store, including your purchase of products through the Wilden Store.
When we refer to “you” and “your” in these terms, we are referring to you as a visitor to and user of the Wilden Store. “We,” “us,” “our” and “Wilden” refer to Wilden Pump and Engineering LLC.
Acceptance of terms and other site policies
YOU SHOULD CAREFULLY READ THESE TERMS. By using the Wilden Store, you are acknowledging that you have read, understood, and agreed to be bound by these terms, which are a binding contract between you and us.
We may make changes to the Wilden Store or these terms at any time. Any modifications will be effective when the changes are posted to the Wilden Store. You can review the most current version of these terms at any time by accessing the section of the Wilden Store labeled “Terms of Use,” and you are expected to check this page from time to time to take notice of any changes that we make to the Wilden Store or these terms. You understand and agree that your continued access to or use of the Wilden Store after any posted modification to these terms indicates your acceptance of the modification, even if you did not take the time to read the modification.
Depending on the specific services you access through the Wilden Store and your business relationship with us, you also will be subject to any guidelines, terms, agreements, and disclosures applicable to that service. These may include our Transparency in Supply Chains Disclosure, our Supplier Code of Conduct, and any Terms and Conditions of Sale applicable to products purchased through the Wilden Store.
In addition, the Wilden Store Privacy Policy will govern our collection and use of information on the Wilden Store. You should read the Wilden Store Privacy Policy carefully.
Eligibility to use the Wilden Store; user accounts
By using the Wilden Store in any way, you represent and warrant that you are at least 18 years old, and you otherwise have the authority to agree to these terms.
You may browse the Wilden Store and use many of its features without creating an account. However, in order to use some of the features we offer, you may need to create an account and provide information about yourself. Creating an account will require you to create a unique user identifier, such as an email address (your “User ID”), and a password.
When you create an account, and each time you log in to the account tied to your User ID, you represent, warrant and agree that: (a) you are using your actual identity, (b) you have provided only true, accurate, current and complete information during the account creation and and login process, and (c) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
Your User ID and password are unique to you, and you agree not to disclose or share your User ID or password to or with any third party. You also agree that you will be solely responsible for any activities conducted on or through the Wilden Store, including any orders placed, in connection with your User ID and password regardless of whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your account or your computer or mobile device.
We may suspend or terminate your access to the Wilden Store at any time, with no liability to you, including if we are investigating any suspected noncompliance with these terms.
Wilden Store
Wilden does not sell directly through the Wilden Store. Rather, the Wilden Store is a marketplace hosted by us, featuring products offered by third parties who have contracted with us to sell their products on the Wilden Store (“Third Party Sellers”). Accordingly, all transactions on the Wilden Store take place between you, the purchaser, and the Third Party Seller.
We offer the Wilden Store as a convenience to our users, but Wilden does not assume any responsibility or liability for the products offered through the Wilden Store by Third Party Sellers. Without limiting that general statement, all terms of sale for products offered through Wilden Store, including pricing (including taxes and shipping and handling costs), payment and billing terms, product availability, delivery terms, return and refund policies, and product warranties, are set solely by the Third Party Sellers. You should refer to the policies of the applicable Third Party Seller for the conditions of sale for each product you purchase through the Wilden Store.
We attempt to be as accurate as possible, but do not warrant that any product descriptions or other content relating to products offered by Third Party Sellers on the Wilden Store is accurate, complete, reliable, current, or error-free. If a product offered through the Wilden Store is not as described, your sole recourse will be against the Third Party Seller.
As the buyer of any product, you have the sole responsibility to ensure the selected product meets the form and fit requirements of the application. If you have any questions about the suitability of the product for your particular application, you should contact the applicable Third Party Seller.
Payments for purchases made through the Wilden Store will be processed through one or more third-party processing vendors selected and/or approved by us. When making an order on the Wilden Store, you agree to pay for all products in such order, using the payment method indicated, and you provide us and the Third Party Seller with express authorization to charge such costs to your payment provider. It is your responsibility to promptly provide any contact or billing number changes or updates, including changes to your credit card numbers, billing address, and email address. If payment is not current, your order may be rejected or canceled. If we have to take legal action to collect any delinquent undisputed amounts, you will be responsible for attorney’s fees, court costs, and other costs we may incur, such as engagement of a collection agency.
Products listed in the Wilden Store are subject to availability from the Third Party Seller. A reference to a product in the Wilden Store does not imply or guarantee that it is or will be available in your location or at the time of your order.
Products are sold through the Wilden Store for end use only, and may not be resold. Products may not be exported out of the country where they were purchased.
YOU AGREE THAT YOUR USE OF THE WILDEN STORE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SELLER OR FOR ANY INFORMATION APPEARING ON THE WILDEN STORE.
Your responsibilities when using the Wilden Store
You agree to use the Wilden Store only for its intended purpose as described on the Wilden Store web site and in these terms. Without limiting that general requirement, you agree that you will not: (a) use any automated means (such as robots, spiders, scripts, or other devices or programs) to access the Wilden Store or collect any content, (b) engage in any “screen scraping,” “database scraping” or similar activities to obtain any content, (c) accumulate or index, directly or indirectly, any content or portion of the Wilden Store for any commercial purpose whatsoever, or (d) otherwise use the Wilden Store to engage in any illegal activity, or to engage in conduct that is defamatory, libelous, threatening, or harassing, or that infringes on a third party’s proprietary rights.
Further, you understand that the Wilden Store strives to protect its security and integrity and those of its users. You therefore agree that you will not: (i) access or attempt to access any other user's account; (ii) attempt to obtain or ascertain any other user's user name, password and/or personal information by any means whatsoever; (iii) attempt to elude our security systems; (iv) use the Wilden Store in any manner that may adversely affect the functionality of the Wilden Store, the Wilden Store’s availability to other users, or the rights of other users of the Wilden Store; or (v) upload or submit any content containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
We reserve all rights to monitor the Wilden Store for any reason, including to evaluate whether any use of the Wilden Store is, in our sole discretion, consistent with these terms. However, we assume no responsibility or liability arising from the use of the Wilden Store by our users. We are under no obligation to enforce these terms on your behalf against another user.
We use e-mail as a vital and primary communication channel with you. By using the Wilden Store, if you provide us with an e-mail address, such as when you are invited to log into the Wilden Store, when you make a purchase, or when you reach out to us through the “Contact” or similar feature of the Wilden Store, you grant us permission to communicate with you by e-mail for any purposes related to your use of the Wilden Store, including for any disclosures, system messages and other marketing purposes. We will use our best efforts to honor any request to opt out of marketing messages, but under no circumstances will we have any liability for sending you any e-mail.
You agree that any notice, agreement, disclosure or other communication that we send you by e-mail will satisfy any legal communication requirements, including that such communication be in writing.
Links to other web sites
We and others may provide links to web pages, web sites, and various resources or locations on the web, including sites operated by Third Party Sellers (collectively, “Third Party Sites”). Links to Third Party Sites are provided only for the convenience of users of the Wilden Store. We do not operate, control, endorse or guarantee any Third Party Sites. When you access any Third Party Site through a link posted on the Wilden Store, please carefully read the terms and conditions of use, privacy policy and other policies of such Third Party Site. Our policies do not apply to any Third Party Site.
YOU AGREE THAT YOUR USE OF ANY THIRD PARTY SITE IS AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR DAMAGES ARISING FROM ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY SITE OR FOR ANY INFORMATION APPEARING ON THIRD PARTY SITES.
Intellectual property
The Wilden Store and all content are protected by copyright and other intellectual property laws. You may not reproduce, republish, distribute, sell, store on any other web site or other form of electronic retrieval system, or otherwise use any content, without our express permission.
“Wilden” and all related names, logos, products and service names, designs and slogans are trademarks of Wilden Pump and Engineering LLC. You may not use such marks without our prior written permission. Further, you may not use any metatags, meta elements, "hidden text" or other equivalents using the name "Wilden”, “www.wildenstore.com,” “wildenstore.psgdover.com,” or any other colorable equivalent without our prior written authorization.
References to any third-party products or services by trade name, trademark, manufacturer, supplier, vendor, or otherwise is done with the permission of our business partners. You may not use these marks or trade names without the prior written permission of the applicable owner.
User provided content
We may post reviews, comments, and other materials from users on the Wilden Store (“User Content”). We are not the publisher or author of User Content and we may not screen User Content before it is posted. However, we reserve the right to edit, redact or delete User Content. You agree that any User Content you submit will not be unlawful or infringe on the rights of others. You also agree to be solely responsible for any damages resulting from any User Content you submit. All User Content submitted to us will be treated as non-proprietary and non-confidential. We may reproduce, republish, distribute, or otherwise use User Content for any purpose whatsoever.
Indemnity
You agree to indemnify and hold us, and our directors, officers, affiliates, volunteers, agents, employees, licensors and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any content you submit, post to, or transmit through the Wilden Store, your use of the Wilden Store, your violation of these terms or your violation of any rights of any third party.
Disclaimer
EXCEPT FOR ANY WARRANTY PROVIDED BY A THIRD PARTY SELLER AND INCLUDED WITH PRODUCTS SOLD THROUGH THE WILDEN STORE (WHICH WARRANTY IS SOLELY THE OBLIGATION OF THE THIRD PARTY SELLER, NOT WILDEN), THE WILDEN STORE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WILDEN STORE ARE PROVIDED ON AN “AS IS” AND “WHERE AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THE WILDEN STORE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE WILDEN STORE, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WILDEN STORE, THE SERVERS THAT MAKE THE WILDEN STORE AVAILABLE, OR EMAIL OR OTHER CORRESPONDENCE SENT THROUGH THE WILDEN STORE, ARE OR WILL BE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH THE WILDEN STORE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. CERTAIN STATE LAWS MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitations on liability
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE WILDEN STORE, INCLUDING ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE WILDEN STORE OR ANY SERVICES OBTAINED ON OR THROUGH THE WILDEN STORE, EVEN IF THERE IS NEGLIGENCE BY US OR BY OUR AUTHORIZED REPRESENTATIVE, OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THAT SAID, OUR TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION RELATED TO YOUR USE OF THE WILDEN STORE AND/OR ANY ORDER PLACED THROUGH THE WILDEN STORE WILL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE.
Governing law, choice of forum, jury and class action waiver
Please read the following section carefully, because it limits the manner in which you can seek relief from us.
The laws of the State of Illinois (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these terms, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these terms shall be brought solely in Chicago, Illinois. YOU AND WE HEREBY WAIVE TO THE FULLEST EXTENT PERMITTED BY LAW ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT OR RELATED PROCEEDING BROUGHT TO ENFORCE, DEFEND OR INTERPRET ANY RIGHTS OR REMEDIES ARISING UNDER, RELATING TO OR IN CONNECTION WITH THESE TERMS. FURTHER, YOU AGREE THAT YOU MAY ONLY RESOLVE DISPUTES IN YOUR INDIVIDUAL CAPACITY, AND MAY NOT BRING A CLAIM AS A PLAINTIFF OR AS CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ACTIONS ARE NOT ALLOWED.
Injunctive relief
In the event you breach or threaten breach of these terms, you acknowledge and agree that we will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, we may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision above, will apply the laws of its own jurisdiction in determining whether we will be granted an injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding our rights to relief in either law or equity.
