Your Use of the Site
Your use of the Site constitutes your acceptance of the Terms. By accepting the Terms through your use of the Site, you certify that you are either (i) 18 years of age or older or (ii) you are at least 13 years of age and are using the Site under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use the Site. If you are a parent or legal guardian who has agreed to be bound by these Terms on behalf of a child between the ages of 13 and 18, you agree to be fully responsible for such child’s use of the Site, including all financial charges and legal liability that such child may incur.
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software and filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such control protections is available on the websites GetNetWise (https://www.getnetwise.org) and OnGuardOnline (https://onguardonline.gov).
You agree that you will not do any of the following (collectively, the “Code of Conduct”):
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site
- Use the Site or content on or from the Site for any unlawful purpose
- Express or imply that any statement you make is endorsed by Camco Manufacturing or its subsidiary, parent or affiliate companies
- Submit data or information to or otherwise transmit material through the Site that is (i) copyrighted, protected by trade secret or otherwise subject to third-party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the lawful owner of such rights or have permission from the rightful owner to submit or transmit such data or information; (ii) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or would give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable or infringes Camco Manufacturing or any third party’s intellectual property rights or other rights; (iii) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or (iv) is nonpublic information about a company or individual without the express written authorization to do so
- Engage in spamming, flooding, phishing or other activity intended to gather information unlawfully
- Transmit any software or other materials that contain any harmful or malicious code, including, without limitation, viruses, worms, time bombs, date bombs, trojan horses and defects
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site
- Remove any copyright, trademark or other notices of proprietary rights contained on the Site
- “Frame” or “mirror” any part of the Site without Camco Manufacturing prior written authorization
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents
- Harvest or collect information about Site visitors
- Take any action that imposes an unreasonable or disproportionately large load on Camco Manufacturing online infrastructure
- Use the Site for any reseller activities not authorized by Camco Manufacturing. Reseller activities include (i) purchasing products for the purpose of reselling those products through any channel to downstream customers; (ii) placing orders on behalf of other persons for commercial purposes; and (iii) extracting, scraping, mining, copying or otherwise gathering information from the Site in connection with your sale or another party’s sale of products (whether purchased from Camco Manufacturing or another seller) through any channel to downstream customers.
You acknowledge and agree that (i) all information you provide regarding the purchase of products and/or services, including, without limitation, credit card, wallet (e.g., ApplePay, etc.), or other payment information, is lawful, accurate, current and complete, and (ii) you may be subject to additional terms and conditions as requested by the third-parties for select payment methods. Additionally, you represent and warrant that you have the legal right to use the payment method you provide to us.
Placing Your Orders on the Site
- All billing and registration information provided by you must be accurate, complete and correct. Submitting inaccurate, incomplete or incorrect information constitutes a breach of the Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products and/or services that you have requested.
- Camco Manufacturing and its affiliates and subsidiaries reserve the right, at their sole discretion, to (i) refuse service and to terminate accounts if Camco Manufacturing believes in its sole discretion that customer conduct violates applicable law or the Terms, is harmful to the interests of Camco Manufacturing, its subsidiaries or its affiliates or for any other reason; (ii) limit the quantity of items purchased per person, per account, per household and per order as determined in their sole discretion; and (iii) refuse or cancel any order you place. These restrictions may be applied to the same account, same credit card and/or the same billing and/or shipping address.
- The Camco Manufacturing acknowledgment of an order signifies that we received your order request, but it does not constitute acceptance of your order or a promise to fulfill your order. We strive to provide accurate information on the Site, but we cannot and do not guarantee the accuracy of all information about items on the Site. You understand that information about items on the Site, including, without limitation, price, availability, specifications and images, may be incomplete or inaccurate. If we determine that information about an item you ordered is inaccurate or incomplete, we reserve the right to cancel that order and refund any applicable charges.
- All items and products purchased through the Site are made pursuant to a shipment contract. The risk of loss and title for such titles pass to you upon Camco Manufacturing delivery of the items or products to the carrier.
- If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. Your Account will provide a location to store your information and allow you to make a future purchase without reentering information. You agree to pay all charges incurred by you and any users of your account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. The amount of tax displayed when you check out is an estimate and may be updated at the time your card is charged in accordance with our billing policy.
Information Posted on the Site
The information and materials on the Site (the “Materials”) are provided for your review in accordance with the Terms. However, the Materials do not necessarily reflect the opinions of Camco Manufacturing or any of its affiliates, subsidiaries or agents.
Unless indicated otherwise, products and services displayed on the Site are available directly from or through Camco Manufacturing, its subsidiaries or its affiliates. Camco Manufacturing endeavors to display and describe its products and services accurately on the Site. Camco Manufacturing is also improving its products and services, and may update the Materials displayed on the Site at any time and without notice.
Camco Manufacturing cannot and does not guarantee the accuracy or completeness of the Materials displayed on the Site, including, without limitation, prices, product images, specifications, dimensions, availability and services. The Materials may contain technical inaccuracies and typographical errors.
Copyrights, Trademarks and Patents
All software and content on the Site, such as text, graphics, logos, button icons, images, audio clips, video clips and software, is owned or licensed by Camco Manufacturing, or its software, and content suppliers and licensors. Such software and content is protected by United States and international copyright laws.
The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property of Camco Manufacturing and protected by applicable copyright laws.
Camco Manufacturing grants you permission to view and use content and software made available to you on the Site in connection with your use of the Site only. Any other use, including, without limitation, the reproduction, modification, distribution, transmission, republication, display or performance, of the content or software on the Site is strictly prohibited. Camco Manufacturing and its affiliates, subsidiaries, suppliers and licensors expressly reserve all intellectual property rights in all text, products, technology, content and all other material that appears on the Site. Accessing the Site does not confer and shall not be construed as conferring on you or anyone else any license to Camco Manufacturing or any third party's intellectual property rights.
The Site may contain additional proprietary notices and copyright information, the terms of which must be observed and followed.
The names, trade names, logos, service marks, trademarks and trade dress (collectively, “Trademarks”) on the Site are registered and unregistered trademarks of Camco Manufacturing, LLC, and other parties. Use of the Site in no way grants any license or right to use any Trademark displayed on the Site. and requires prior written approval from Camco Manufacturing, LLC for the use of the Camco Manufacturing logo or any other Trademarks or links to or from the website. Prior written approval is required to use the Camco Manufacturing logo, Camco Manufacturing name and any other marks in any form of advertising or any other public use.
Links to Other Sites
The Site may contain links to other websites so that you can learn more about the products available on the Site and have access to other information. These links are provided to you only as a convenience, and their presence on the Site does not imply endorsement by Camco Manufacturing or its affiliates or subsidiaries of such website or of any association with such websites’ operators.
You agree that Camco Manufacturing and its affiliates and subsidiaries are in no way responsible or liable for the availability or content of the websites to which the Site is linked. Camco Manufacturing and its affiliates and subsidiaries make no representations whatsoever about any other website you may access through the Site.
Any concerns regarding products or services offered by a website to which the Site is linked or the link itself should be directed to the operator of that specific website and not the Site.
You hereby grant Camco Manufacturing and its affiliates, licensees and sublicensees, without any compensation of any kind to you or others, a worldwide, perpetual, irrevocable license to copy, adapt, create derivative works of, reproduce, incorporate, distribute, modify, store on its servers, publicly display, perform, promote, market, permit the online use of and otherwise use in any way Content and all information, data and materials derived from or based in whole or in part on any of the Content, in any format or media (“Content License”). “Content” means all text, images, artwork, technology, content, data, metadata, information, materials, plans, instructions, commands, dimensions, specifications, preferences, activity on the Site and other items, in each case (i) submitted, entered, provided, uploaded, recorded, performed, streamed or made available, in each case by you on, or (ii), generated, recorded, collected, or derived, in each case through your use of, the Site or any third party applications integrated with, or accessible through, the Site, including without limitation any analytics, summaries, programs, improvements, derivative works, compilations and outputs.
You waive, release and agree not to assert any and all moral rights that you may have in any Content submitted by you to the Site. By submitting any Content to the Site, you warrant and represent that you have the right to use such Content and have the right to permit Camco Manufacturing and its affiliates, licensees and sublicensees to use such Content in accordance with the terms of the Content License. This Content License is in addition to, and not in lieu of, the UGC License.
Identification of User Content: As part of your use of any of Camco Manufacturing Site, as well as pursuant to your participation in or use of any of the other Camco Manufacturing Companies, Inc. and its affiliates’ (collectively “Camco Manufacturing”) social media or other digital platforms (collectively our “Platforms”), or pursuant to your participation in or response to any other invitations or forums that may be made available or extended to you by or on behalf of Camco Manufacturing (collectively “Other Forums”) (hereinafter Sites, Platforms and Other Forums shall be collectively referred to as a “Content Hub” or “Content Hubs”), we welcome feedback, reviews, text, ideas, photos, videos, or any other content (all the foregoing referred to herein as "User Content") that you submit through such Content Hub, as long as such User Content meets our requirements as set forth in these User Content Terms.
- Grant of Rights: When you share or publish User Content on a Content Hub, you grant Camco Manufacturing a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license with respect to such User Content pursuant to these User Content Terms (“License”). This License gives Camco Manufacturing the right to copy, publish, broadcast, publicly display, edit, translate, transmit, perform, alter, feature, combine with other material, adapt, reproduce, translate, reformat, incorporate, distribute, modify, make derivative works of, feature and otherwise use (collectively “Use”) such User Content, including Use of any form of identification of any person or groups of people within such User Content including without limitation their name(s), voice(s), image(s) (in each instance, their “Identity”). Such Use may occur in any and all media now known or hereafter developed, including without limitation on and in Camco Manufacturing websites, social media sites, digital platforms and channels, as well as in print and broadcast media, without any territorial or time limitations, for any purposes that Camco Manufacturing deems necessary, desirable or appropriate. If you share or provide your name, partial name, social media handle(s), or other identifying information about yourself (each a “Source Identifier”) on or in connection with the User Content on a Content Hub, Camco Manufacturing may use any such Source Identifier in connection with its use of the User Content, in its sole discretion, and hereinafter for purposes of these User Content Terms, the term “User Content” shall include any Source Identifiers. In addition, this License allows Camco Manufacturing to sublicense any or all of the foregoing rights, through multiple tiers, to the maximum extent permitted by law. Camco Manufacturing and its sublicensees shall be referred to herein as “Camco Manufacturing Etc.” The Licenses set forth herein shall survive the termination of these User Content Terms.
- Release of Claims: By submitting User Content, you expressly waive any and all claims against Camco Manufacturing Etc. arising out of or relating to our Use of any product, design, concept or other materials similar or identical to anything contained in your User Content.
- Representations and Warranties: By submitting any User Content to a Content Hub or otherwise agreeing to these User Content Terms, you represent and warrant that:
- No User Content includes the Identity of a Child (“Child” is defined as someone who is under the age of 13).
- You have all rights necessary to grant this License and any sublicenses. This means among other things that:
- You are the owner (author) of the User Content.
- If you use the Identity of a third party in the User Content, you have their written permission (or that of their parent/legal guardian if they are a non-Child minor in their jurisdiction).
- Your creation of the User Content complies with all applicable rules, laws and regulations (“Applicable Law”) and the Use of the User Content by Camco Manufacturing Etc. will not violate any Applicable Law or any third-party rights, including without limitation any copyright, trademark, trade secret, privacy or other intellectual property rights of any third-party;
- Your User Content is truthful, accurate and not misleading. To that end, you confirm the following:
- If and to the extent your User Content contains a review, endorsement or testimonial about a product or service (collectively “Review”), such Review is based on your actual use of the product or experience with the service that is the subject of the Review, and contains your true opinion and belief based on such use or experience under normal use conditions; and
- To the extent your User Content contains a Review, you confirm that you received no compensation or other incentive to provide the Review, or if you did, you have disclosed what compensation or incentive you received in your User Content.
- You irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the User Content that you may have under any applicable law under any legal theory.
- Additional Terms: You understand and agree that User Content may be viewed by the general public and you do not and shall not consider such User Content to be private, proprietary or confidential. You agree that the License you are granting to Camco Manufacturing is without any compensation of any kind to you or others. You agree that any User Content that you share, publish or authorize us to Use:
- will not cause injury to any person or entity when used by Camco Manufacturing Etc.; and
- does not contain any profanity or threatening language, or material that could be considered obscene, harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading; and
- does not contain any malware, chain letters, mass mailings, or any form of "spam"; and
- does not promote any particular political agenda or contain any political campaign messaging; and
- does not include any commercial solicitation; and
- does not defame, misrepresent or contain disparaging remarks about Camco Manufacturing Organization or its products, or other people, products, services, or companies; and
- does not include content that is derogatory or suggestive of violence toward any individual or groups of people including based on ethnicity, race, gender, religion, profession or age; and
- does not include or promote any activities that may appear unsafe or dangerous; and
- does not promote the illegal, excessive or irresponsible consumption or use of alcohol, drugs, tobacco, or firearms/weapons; and
- does not include links to any of the content that is prohibited in this list.
- Integrity and Authenticity: You agree that you will not use a false or misleading email address, impersonate another person or entity, or otherwise mislead with respect to the origin of any User Content you submit, including, without limitation, comments and feedback you submit to a Content Hub. You agree that Camco Manufacturing Etc. is not responsible for any User Content that you submit to a Content Hub.
- Camco Manufacturing Responsibility for User Content Posted on Content Hubs: Camco Manufacturing Etc. does not guarantee that User Content submitted to a Content Hub will be used by Camco Manufacturing Etc. or made publicly available. Camco Manufacturing Etc. does not guarantee that User Content posted to a Content Hub will not be offensive, defamatory or otherwise objectionable. Camco Manufacturing Etc. reserves the right to remove any User Content from a Content Hub at any time without notice and in Camco Manufacturing Etc. sole discretion; however, you acknowledge and agree that Camco Manufacturing Etc. is under no obligation to you to police, monitor or remove User Content or comments made about User Content, and Camco Manufacturing Etc. makes no guarantee with respect to the completeness, accuracy, integrity or quality of User Content submitted to or appearing on any Content Hub or in any other materials released by Camco Manufacturing Etc. Camco Manufacturing Etc. has no control over third party use of your User Content, and no liability for any misuse of your User Content. Camco Manufacturing Etc. does not endorse any comments, opinions, advice or other statement made about or in connection with your User Content.
Digital Millennium Copyright Act
Claims of Copyright Infringement. It is our policy to restrict access privileges of those who repeatedly infringe the copyrights of others. If you believe any materials accessible on or from the site (including content submitted by other users) infringe your copyrights, you may request removal of those materials, or access thereto, by submitting a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) to Camco Manufacturing designated Copyright Agent (identified below), which sets forth the following information:
- Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work
- Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Camco Manufacturing to locate the material
- Your name, address, telephone number and, if available, email address
- A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law
- A statement that the information you have supplied is accurate and indicating that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf
- A physical or electronic signature of the copyright holder or authorized representative
The Copyright Agent designated by Camco Manufacturing to receive notifications of claimed infringement is:
c/o Compliance Department
121 Landmark Drive
Greensboro, NC 27409
- Only DMCA notices should go to the Copyright Agent. Any other feedback, comments, requests for technical support and other communications should be directed to Camco Manufacturing customer care at the contact information listed under “Contact Us.”
You acknowledge that if you fail to comply with all of the instructions above, your DMCA notice may not be valid.
Reinstatement Process. If your submitted materials were removed or the access thereof has been disabled and you believe that such materials are not infringing or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your submitted materials, you may send a counter-notice containing the following information to Camco Manufacturing designated Copyright Agent:
- Your original or electronic signature
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
- A statement "under penalty of perjury" by you that you have a good faith belief that the content was removed or disabled as a result of a mistake or misidentification of the content
- Your name, address, telephone number and, if available, email address; a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside of the United States, for any judicial district in which Camco Manufacturing is located; and that you will accept service of process from the person who provided the original notification of infringement or an agent of such person
- If a counter-notice is received by the Copyright Agent, Camco Manufacturing may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it within ten (10) business days. Unless Camco Manufacturing Copyright Agent receives notice from the person who submitted the DMCA notice that the copyright owner has filed an action seeking a court order to restrain the relevant user from engaging in infringing activity relating to the materials submitted to the site or Camco Manufacturing system or network, Camco Manufacturing may replace or restore access to the relevant content in ten (10) to fourteen (14) business days after receipt of the counter-notice, at Camco Manufacturing sole discretion
Warranty Disclaimer; Limit of Liability
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET IN GENERAL. THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CAMCO MANUFACTURING, ALL OF CAMCO MANUFACTURING SUBSIDIARY, PARENT OR RELATED COMPANIES, CALL CENTERS AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEYS, AGENTS AND REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
CAMCO MANUFACTURING AND ITS LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS AND REPRESENTATIVES DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT BY CAMCO MANUFACTURING OR CAMCO MANUFACTURING LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT CAMCO MANUFACTURING SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (1) ANY UNAUTHORIZED ACCESS TO OR USE OF SERVERS ON WHICH THE SITE IS HOSTED AND/OR ON WHICH ANY OF YOUR PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (2) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; AND/OR (3) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A HARMFUL NATURE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY A THIRD PARTY. CAMCO MANUFACTURING DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE. YOU AGREE THAT CAMCO MANUFACTURING AND ITS AFFILIATES, PARENTS AND SUBSIDIARIES WILL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES AND DAMAGES RESULTING FROM THE LOSS OF USE, DATA, PROFITS OR BUSINESS INTERRUPTION ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE. THIS ALSO INCLUDES DELAYS IN BEING ABLE TO USE THE SITE, THE INABILITY TO USE THE SITE, OR ANY PORTION THEREOF, OR ANY HYPERLINKED WEBSITE, WHETHER BASED ON TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAMCO MANUFACTURING AND/OR ITS SUBSIDIARIES AND AFFILIATES WERE AWARE OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This disclaimer does not apply to intentional or wanton acts on the part of Camco Manufacturing. This disclaimer constitutes an essential part of these terms.
You should use your best judgment and exercise caution where appropriate. Your use of the site and any materials provided through the site are entirely at your own risk.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CAMCO MANUFACTURING AND ITS SUBSIDIARIES AND AFFILIATES AND THEIR RESPECTIVE EMPLOYEES, ATTORNEYS, ASSIGNS, SUCCESSORS-IN-INTEREST, CONTRACTORS, VENDORS, SUPPLIERS, LICENSORS, LICENSEES AND SUBLICENSEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, CAUSES OF ACTION, COSTS (INCLUDING REASONABLE ATTORNEYS' FEES) AND OTHER EXPENSES THAT ARISE DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS, INCLUDING, WITHOUT LIMITATION, THE CODE OF CONDUCT; (2) ANY ALLEGATION THAT ANY CONTENT OR OTHER MATERIAL YOU HAVE SUBMITTED OR TRANSMITTED TO THE SITE INFRINGE, MISAPPROPRIATE OR OTHERWISE VIOLATE THE COPYRIGHT, TRADEMARK, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PARTY; AND/OR (3) YOUR ACTIVITIES OR OMISSIONS IN CONNECTION WITH THE SITE.
Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. Camco Manufacturing makes no representation or warranty that Materials and Content on the Site are appropriate or available for use in any particular jurisdiction. Your use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms, and you agree not to access this Site in any jurisdiction where all or any portion of the Site violates any legal requirements. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
Camco Manufacturing and You each recognize and agree that good faith, informal efforts to resolve disputes often result in prompt, low-cost and mutually beneficial outcomes. Therefore, You and Camco Manufacturing each agree that, before either of us may commence an arbitration or assert a claim in small claims court, You and Camco Manufacturing will engage in the following informal dispute resolution process:
- You must first present any claim or dispute to Camco Manufacturing by contacting the Customer Service department to allow Camco Manufacturing the opportunity to resolve any dispute. To initiate informal dispute resolution, You must provide Camco Manufacturing your full name and contact information; a description of your claim; information about the specific purchase, transaction or matter at issue; your counsel’s name and contact information, if applicable; and a description of the relief sought.
- You and Camco Manufacturing will personally meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this provision. If either You or Camco Manufacturing is represented by counsel, that counsel may, but is not required to, participate in the informal dispute resolution conference.
- Either party may request arbitration or a proceeding in small claims court, as applicable, if your dispute cannot be resolved within sixty (60) days, unless an extension is mutually agreed upon.
- Any statute of limitations will be tolled while You and Camco Manufacturing engage in the informal dispute resolution process described in this section.
Choice of Law, Jurisdiction and Venue:
- You agree that this agreement and your use of the Site will be governed by the laws of the state of North Carolina. By using the Site, you consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Charlotte, North Carolina, in all disputes (i) arising out of, relating to or concerning this agreement, the Site and your use thereof; (ii) in which the Site and/or this agreement is an issue or a material fact; or (iii) in which the Site or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
Waiver of Rights:
- YOU AGREE TO WAIVE, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS FOR PUNITIVE OR EXEMPLARY DAMAGES AND ANY RIGHT TO PURSUE CLAIMS ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY, WHICH RELATE IN ANY WAY TO THE SITE OR THIS AGREEMENT.
- CAMCO MANUFACTURING AND YOU UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, COUNTERCLAIM, CROSS CLAIM OR THIRD-PARTY CLAIM ARISING OUT OF OR RELATING TO ANY DISPUTE ARISING UNDER THIS AGREEMENT. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, CAMCO MANUFACTURING AND YOU AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU UNDERSTAND THAT BY THIS AGREEMENT YOU ARE WAIVING THE RIGHT TO HAVE ANY DISPUTE HEARD AND RESOLVED IN COURT BY A JURY.
Arbitration: Please read this section carefully because it affects rights that you might otherwise have. It provides for resolution of most disputes through arbitration instead of court proceedings.
- Arbitration is different than court. There is no judge or jury, but the arbitrator can award damages. Arbitration is final, binding and subject to only limited review by a court. By using the Site, you agree to give up your right to a trial in court except for certain small claims as described below.
- You agree that this arbitration section shall survive termination of this agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site. Any dispute or claim made by you against Camco Manufacturing or against any of Camco Manufacturing subsidiary, parent or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that either party may elect to have such claims heard in small claims court if they qualify for hearing by such court.
- You must first present any claim or dispute to Camco Manufacturing by contacting the Customer Service department to allow Camco Manufacturing the opportunity to resolve any dispute, as outlined more fully above. Either party may request arbitration or a proceeding in small claims court, as applicable, if your dispute cannot be resolved within sixty (60) days, unless an extension is mutually agreed upon by us. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified by this agreement, and there will be NO JURY TRIAL. Any arbitration demand must be signed by the claimant and must include a description of the claim; information about the specific purchase, transaction or matter at issue; and a description of relief sought.
- You and Camco Manufacturing agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the US Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Charlotte, North Carolina, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this agreement provides; (ii) order consolidation or arbitration on a classwide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that (a) the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute, and (b) in the event the claim brought is frivolous, unreasonable or without foundation, or claimant continues to prosecute a claim after the claim becomes frivolous, unreasonable or without foundation, claimant will be required to reimburse respondent for its costs, expenses and reasonable attorneys’ fees, amounts paid in the investigation, defense and/or settlement of such claims, and all other amounts allowed by law. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
- Any arbitration shall be confidential, and neither you nor Camco Manufacturing may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
- If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
- Claimant will be required to pay any applicable filing fees. All administrative fees and expenses of arbitration will be divided equally between you and Camco Manufacturing. Unless an applicable statute expressly permits awarding attorneys’ fees to the prevailing party, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing. However, as noted above, in the event the claim brought is frivolous, unreasonable or without foundation, or claimant continues to prosecute a claim after the claim becomes frivolous, unreasonable or without foundation, claimant will be required to reimburse respondent for its costs, expenses and reasonable attorneys’ fees, amounts paid in the investigation, defense and/or settlement of such claims, and all other amounts allowed by law.
Changes to the Terms
You agree that Camco Manufacturing may change, terminate, modify, add, end or delete any of these the terms and conditions (including, without limitation, the Terms) under which the Site is offered at any time and without notice to you.
Camco Manufacturing, in its sole and absolute discretion, reserves the right to update, change, terminate, suspend, modify, add, end or delete any of these Terms, any program or any subprograms, benefits, special offers or rewards, in whole or in part, at any time with or without notice. Any changes or modifications will be effective immediately upon posting the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use or participation constitutes your agreement to any changes or modifications.
You specifically acknowledge that Camco Manufacturing has the right to correct any errors in the Program, including, without limitation, any typographical errors, errors of descriptions, and errors.
You agree that Camco Manufacturing may assign all or part of this agreement without such assignment being considered a change to the agreement and without providing notice to you. You agree that Camco Manufacturing will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
You agree that information related to your use of the Site may be subject to legal process. Information and data that you submit to Camco Manufacturing through the Site may be subject to legal process (e.g., a subpoena) by Camco Manufacturing or a third party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that Camco Manufacturing will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Camco Manufacturing may have no obligation to give you notice of any legal process that may result in any information related to your use of the site being produced, discovered or otherwise disclosed.
Camco Manufacturing performance of these Terms and any other policy contained on the Site is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Camco Manufacturing right to comply with law enforcement requests or requirements relating to your use of the Site or information given to or gathered by Camco Manufacturing with respect to such use.
You agree that no joint venture, partnership, employment or agency relationship exists between you and service providers or suppliers, or you and Camco Manufacturing as a result of these Terms or your use of the Site.
Any rights not expressly granted to you herein are reserved by and to Camco Manufacturing, its affiliates, subsidiaries and licensors, and other third parties.
The Terms and the applicable terms of sale constitute the entire agreement between you and Camco Manufacturing with respect to the subject matter thereof. This agreement supersedes all prior or contemporaneous communications and proposals, whether written, oral or electronic, between you and Camco Manufacturing with respect to the Site. No modification of the Terms shall be effective unless such modification is authored by Camco Manufacturing or it is physically signed in blue ink by an executive officer of Camco Manufacturing.
Any actual or alleged waiver by Camco Manufacturing of any actual or alleged breach of the Terms by you shall not be deemed to be a waiver of any future breach.
A printed version of this agreement and/or any notice given by Camco Manufacturing in electronic form shall be admissible in judicial and administrative proceedings based upon or relating to this agreement or your use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by Camco Manufacturing in printed form.
If any part of these Terms is found to be invalid or unenforceable under applicable law, you agree that the invalid or unenforceable provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue to govern your use of the Site.
Additional Registered User Terms
Username and Password. As part of the registration process, you will be asked to select a username and password. Camco Manufacturing may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree not to transfer, resell, share, allow unauthorized persons to use or otherwise facilitate access to or use of the Site through your Account. If you have reason to believe that your Account is no longer secure, you must promptly change your password on your Account and immediately notify Camco Manufacturing of the problem by contacting Camco Manufacturing at 1-336-688-7661. You are entirely responsible for maintaining the confidentiality of your username and password, and any and all activities (including purchases) that are conducted through your Account.
Communications From Camco Manufacturing. By becoming a Registered User, you agree and opt in to receive general and targeted advertising, marketing materials and other communications, including mail, email, SMS (text message), remarketing, other computer electronic messaging or other means from Camco Manufacturing and its subsidiaries and affiliates. Message and data rates may apply.
Submissions. As a Registered User, you may be able to upload information or data to your Account. The information or data you upload or enter into your Account is called “Submissions.” Camco Manufacturing reserves the right to monitor any Submissions, but Camco Manufacturing is under no legal obligation to do so.
Deactivation of Your Account. Camco Manufacturing reserves the right in its sole discretion to remove or delete any or all material from your Account or the Site at any time. Camco Manufacturing may also deactivate your Account for any reason and in its sole discretion. Deactivation of your Account for any reason, including at your request or as a result of Account inactivity, may result in all data and information uploaded or submitted by you or by Camco Manufacturing, regardless of source, no longer being accessible to you, even if you decide to open a new Account. You acknowledge and agree that, except to the extent required by law, Camco Manufacturing has no obligation to make a copy, electronic or otherwise, of your Submissions, Tracked Purchases or purchase history may not be available to you at any time, including, without limitation, upon deactivation of your Account for any reason.
Changes to the Additional Terms; No Waiver. Camco Manufacturing may update, change, suspend, terminate, modify, add, end or delete the Additional Terms, your Account or the Site in its sole discretion at any time without notice. You agree to any updates, changes or modifications to the Additional Terms by continuing to use your Account and the Registered Services. Any failure by Camco Manufacturing to enforce any of these Additional Terms shall in no way be construed to constitute a waiver of such Additional Term or any other Additional Term.
Additional Personal Account Terms
Personal Accounts. A Personal Account may be required to obtain and use certain Site features, programs and benefits, including, but not limited to, Camco Manufacturing Military Discount, volume discounts, and subscriptions services.
Programs and benefits offered to Registered Users may be subject to specific conditions and may be modified by Camco Manufacturing in its sole discretion.
Additional Camco Manufacturing AI Applications Terms
In addition to these Terms, Camco Manufacturing may provide access to its plugins, microsites, associated APIs and artificial intelligence tools or applications and updates (collectively, “Camco Manufacturing AI Applications”) directly or through third-party websites or services to allow users to retrieve information from, send instructions to, or communicate with Camco Manufacturing or the Sites. The Camco Manufacturing AI Applications are separate from and not affiliated with the third-party services through which they may be integrated. Your use of the Camco Manufacturing AI Applications is subject to the Terms, as well as any third-party service or platform terms and conditions through which you gain access to the Camco Manufacturing AI Applications. You acknowledge and agree that the Camco Manufacturing AI Applications are offered on an “as-is” basis and in a beta product capacity to allow and provide for Camco Manufacturing testing and evaluation.
Subject to these Terms, Camco Manufacturing hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and request information from the Camco Manufacturing AI Applications solely for your personal, noncommercial use and solely in the manner described in these Terms and any applicable third-party service terms.
Camco Manufacturing cannot and does not guarantee the accuracy or completeness of information generated by third party applications or services while using the Camco Manufacturing AI Applications, including, without limitation, information generated relating to prices, product images, written content, product specifications, dimensions, availability, and services. You expressly acknowledge and agree that information generated or provided by such third parties, through or while using the Camco Manufacturing AI Applications, may contain typographical errors, inaccuracies, or omissions. Camco Manufacturing reserves the right to correct any errors, inaccuracies, or omissions, to change or update information, or to refuse or cancel orders if any information provided through or while using the Camco Manufacturing AI Applications is inaccurate at any time without prior notice (including after you have submitted your order and/or your payment method has been charged).
We may terminate or discontinue the Camco Manufacturing AI Applications at any time without prior notice, including, but not limited to, if there are changes in our relationships with third party technology providers or platforms or to comply with law or government requests. You may terminate your use of any of the Camco Manufacturing AI Applications at any time by stopping your use or deactivating the Camco Manufacturing AI Applications.