TERMS OF USE and NOTICES

AGREEMENT BETWEEN USER AND EBARA PUMPS AMERICAS CORPORATION

The EBARA Pumps Americas Corporation Web Sites are comprised of various Web sites and Web pages operated by EBARA Pumps Americas Corporation or its affiliates (collectively, the “EBARA Pumps Americas Corporation Web Sites”).

The EBARA Pumps Americas Corporation Web Sites are offered to you conditioned on your acceptance, without modification, of this TERMS of USE and NOTICES AGREEMENT BETWEEN USER AND EBARA PUMPS AMERICAS CORPORATION (the “Agreement”) the terms, conditions, and notices of which are contained herein.

Additionally, the EBARA Pumps Americas Corporation Web Sites may themselves contain additional terms that govern particular features.

In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular EBARA Pumps Americas Corporation Web Sites, then these terms shall control.

Please read this Agreement carefully to understand our policies and practices regarding usage of the EBARA Pumps Americas Corporation Web Sites. IF you do not agree with our policies and practices, your choice is not to use the Web Site. Accessing or using any Web Site included within the EBARA Pumps Americas Corporation Web Sites will constitute your consent and agreement, without limitation, to all such terms, conditions, and notices of this Agreement and any additional agreement that may govern the particular Web Site.

MODIFICATION OF THESE TERMS OF USE

EBARA Pumps Americas Corporation reserves the right to modify, change, or revise the terms, conditions, and notices under which the EBARA Pumps Americas Corporation Web Sites are offered, including but not limited to, the charges associated with the use of the EBARA Pumps Americas Corporation Web Sites. All changes are effective immediately when posted and apply to all access to and use of the EBARA Pumps Americas Corporation Web Sites. You are responsible for regularly reviewing these terms and conditions.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified in this Agreement or any agreement particular to a certain Web Site includes within the EBARA Pumps Americas Corporation Web Sites, the EBARA Pumps Americas Corporation Web Sites are solely for personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software and data files, products or services (the “Data”) obtained from the EBARA Pumps Americas Corporation Web Sites or engage in any business regarding the Data that may be construed as a commercial use.

LINKS TO THIRD PARTY SITES

The EBARA Pumps Americas Corporation Web Sites may contain links to other third party Web Sites (“Linked Sites”). The Linked Sites are not under the control of EBARA Pumps Americas Corporation and therefore EBARA Pumps Americas Corporation is not responsible for the contents of any Linked Site, including, without limitation, any link contained within a Linked Site, or any modifications, revisions, changes or updates to a Linked Site. EBARA Pumps Americas Corporation is not responsible for web casting or any other form of transmission received from any Linked Site. EBARA Pumps Americas Corporation is providing these links to you only as a convenience, and the inclusion of any link does not imply, and shall not be construed as, endorsement by EBARA Pumps Americas Corporation of the Linked Site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the EBARA Pumps Americas Corporation Web Sites, you warrant to EBARA Pumps Americas Corporation that you will not use the EBARA Pumps Americas Corporation Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the EBARA Pumps Americas Corporation Web Sites in any manner, which could damage, disable, overburden, or impair the EBARA Pumps Americas Corporation Web Sites or interfere with any other party’s use and enjoyment of the EBARA Pumps Americas Corporation Web Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the EBARA Pumps Americas Corporation Web Sites.

USE OF COMMUNICATION SERVICES

The EBARA Pumps Americas Corporation Web Sites may contain email, faxing, video conferencing, bulletin board services, chat areas, on-line messaging, news groups, forums, calendars, and/or other message or communication facilities designed to enable you to communicate with EBARA Pumps Americas Corporation staff, associates, customers, vendors, related business divisions and affiliates, the public at large or with a group (collectively, “Communication Services”). By using this website, you explicitly agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not commit any of the following acts:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

Upload files that contain software and data files or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

Upload files that contain viruses, corrupted files, or any other similar software and data files or programs that may damage the operation of another’s computer;

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

Conduct or forward surveys, contests, pyramid schemes or chain letters;

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software and data files or other material contained in a file that is uploaded;

Restrict or inhibit any other user from using and enjoying the Communication Services;

Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service;

Harvest or otherwise collect information about others, including e-mail addresses, without their consent; or

Commit any violation of applicable laws, rules or regulations.

Although EBARA Pumps Americas Corporation has no obligation to monitor the Communication Services, EBARA Pumps Americas Corporation reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. EBARA Pumps Americas Corporation reserves the right to terminate your access to any or all of the Communication Services at any time without notice, at any time, and for any reason whatsoever.

EBARA Pumps Americas Corporation reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EBARA Pumps Americas Corporation’s sole discretion.

Always use caution when giving out any personally identifying information about yourself, associates, affiliates or your employer in any Communication Service. EBARA Pumps Americas Corporation does not control or endorse the content, messages or information found in any Communication Service and, therefore, EBARA Pumps Americas Corporation specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO EBARA PUMPS AMERICAS CORPORATION OR POSTED AT ANY EBARA PUMPS AMERICAS CORPORATION WEB SITES

EBARA Pumps Americas Corporation does not claim ownership of the materials you provide to EBARA Pumps Americas Corporation (including, without limitation, feedback and suggestions) or post, upload, input or submit to any EBARA Pumps Americas Corporation Web Sites or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting EBARA Pumps Americas Corporation, its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet and non-Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. EBARA Pumps Americas Corporation is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in EBARA Pumps Americas Corporation’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and you agree to indemnify, defend, and hold EBARA Pumps Americas Corporation, its affiliates, officers, directors, and employees, harmless from and against any claims, suits, actions, losses or liabilities arising out of or related to a breach of this representation. Ebara Pumps Americas Corporation bears no responsibility for any conflicts that may arise from any content posted in your Submission that is not owned or otherwise controlled by you as represented by your acceptance through usage of the Communication Services, of this Agreement.

SOFTWARE AND DATA FILES AVAILABLE ON THE EBARA PUMPS AMERICAS CORPORATION WEB SITES

Software and data files (if any) that are made available to download from the EBARA Pumps Americas Corporation Web Sites, excluding software and data files that may be made available by end-users through a Communication Service, (the “Software and data files”) are the copyrighted work of EBARA Pumps Americas Corporation and/or its suppliers and customers. Your use of the Software and data files is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software and data files (the “License Agreement”). You may not install or use any Software and data files that are accompanied by or include a License Agreement unless you first agree to the License Agreement terms. For any Software and data files not accompanied by a License Agreement, EBARA Pumps Americas Corporation hereby grants to you, the user, a personal and business, non-transferable license to use the Software and data files for viewing and otherwise using the particular EBARA Pumps Americas Corporation Web Sites in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software and data files are owned by EBARA Pumps Americas Corporation and/or its suppliers and customers and are protected by copyright laws and Pumps Americas treaty provisions. Any reproduction or redistribution of the Software and data files is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

WITHOUT LIMITING THE FOREGOING IN ANY MANNER WHATSOEVER, COPYING OR REPRODUCTION OF THE SOFTWARE AND DATA FILES TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE AND DATA FILES IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

You acknowledge that the Software and data files, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America (“U.S.A”). You agree not to export or re-export the Software and data files, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE AND DATA FILES, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE EBARA PUMPS AMERICAS CORPORATION WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EBARA PUMPS AMERICAS CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS AND CUSTOMERS MAY MAKE IMPROVEMENTS, MODIFICATIONS, REVISIONS, AND/OR CHANGES IN THE EBARA PUMPS AMERICAS CORPORATION WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE EBARA PUMPS AMERICAS CORPORATION WEB SITES SHOULD NOT BE RELIED UPON FOR BUSINESS, CONSULTING, PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

EBARA PUMPS AMERICAS CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS AND CUSTOMERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE AND DATA FILES, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE EBARA PUMPS AMERICAS CORPORATION WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE AND DATA FILES, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. EBARA PUMPS AMERICAS CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE AND DATA FILES, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL EBARA PUMPS AMERICAS CORPORATION AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EBARA PUMPS AMERICAS CORPORATION WEB SITES, WITH THE DELAY OR INABILITY TO USE THE EBARA PUMPS AMERICAS CORPORATION WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE AND DATA FILES, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EBARA PUMPS AMERICAS CORPORATION WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE EBARA PUMPS AMERICAS CORPORATION WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EBARA PUMPS AMERICAS CORPORATION OR ANY OF ITS SUPPLIERS AND CUSTOMERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EBARA PUMPS AMERICAS CORPORATION WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EBARA PUMPS AMERICAS CORPORATION WEB SITES.

TERMINATION/ACCESS RESTRICTION

EBARA Pumps Americas Corporation reserves the right, in its sole discretion, to terminate your access to any or all EBARA Pumps Americas Corporation Web Sites and the related services or any portion thereof at any time, without notice or cause.

GENERAL

The laws of the State of Nevada, and more broadly the United States of America, govern this agreement. Your use of the EBARA Pumps Americas Corporation Web Sites, and therefore acceptance of this Agreement, acts as your consent to the exclusive jurisdiction and venue of courts in Washoe County, Nevada, U.S.A. in all disputes arising out of or relating to the use of the EBARA Pumps Americas Corporation Web Sites. Use of the EBARA Pumps Americas Corporation Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EBARA Pumps Americas Corporation as a result of this agreement or use of the EBARA Pumps Americas Corporation Web Sites. EBARA Pumps Americas Corporation’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EBARA Pumps Americas Corporation’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the EBARA Pumps Americas Corporation Web Sites or information provided to or gathered by EBARA Pumps Americas Corporation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EBARA Pumps Americas Corporation with respect to the EBARA Pumps Americas Corporation Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EBARA Pumps Americas Corporation with respect to the EBARA Pumps Americas Corporation Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the EBARA Pumps Americas Corporation Web Sites are: Copyright © 2000 EBARA Pumps Americas Corporation and/or its suppliers and customers, 350 Salomon Circle, Sparks, Nevada 89434 U.S.A. All rights reserved.

TRADEMARKS

EBARA Pumps Americas Corporation, The EBARA Pumps Americas Corporation Web Sites, and/or other EBARA Pumps Americas Corporation products referenced herein are either trademarks or registered trademarks of EBARA Pumps Americas Corporation. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

FOR INFORMATION REGARDING THE EBARA Pumps Americas Corporation web sites PRIVACY STATEMENT CLICK HERE: https://www.pumpsebara.com/privacy-policy/