Terms & Conditions
Please Read These Terms of Use ("Terms") Carefully Before Using This Website
The Tyco Flow Control Valve Sizing Web site ("Site") is provided by Tyco Valves
& Controls LP ("Tyco") and may be used for informational purposes only. By using
the site or downloading materials from the site, you agree to abide by the Terms
set forth herein. If you do not agree to abide by these Terms, please do not use
or view the Site or download materials from the Site.
Upon Tyco's belief that your conduct fails to conform with these Terms, Tyco, in
its sole discretion and without notice, reserves the right to block your access
to this Site, to investigate and to involve and cooperate with law enforcement authorities,
and to pursue a civil action or criminal prosecution for any alleged or actual illegal
activities involving this Site.
Limited License
Subject to the Terms set forth herein, Tyco grants you a non-exclusive, non-transferable,
limited right to access, use and display this site and the materials thereon. Tyco
may revoke this right at any time with or without notice for any reason or for no
reason.
Tyco authorizes you to view and download the information ("Materials") at this Site
only for your personal, non-commercial use. This authorization is not a transfer
of title in the Materials or copies of the Materials and is subject to the following
restrictions:
- you must retain, on all copies of the Materials downloaded, all copyright and other
proprietary notices contained in the Materials;
- you may not modify the Materials in any way or reproduce or publicly display, perform,
or distribute or otherwise use them for any public or commercial purpose; and
- you must not transfer the Materials to any other person unless you give them notice
of, and they agree to accept, the obligations arising under these Terms.
You agree to abide by all additional restrictions displayed on the Site as it may
be updated from time to time. You agree not to interrupt or attempt to interrupt
the operation of the site in any way. This Site, including all Materials, is copyrighted
and protected by worldwide copyright laws and treaty provisions. You agree to comply
with all trademark, copyright and other laws worldwide in your use of this Site
and to prevent any unauthorized copying of the Materials. Except as expressly provided
herein, Tyco does not grant any express or implied right to you under any patents,
trademarks, copyrights or trade secret information.
Copyrights
All content is subject to copyright protection and it is either owned or used with
permission by Tyco. Tyco disclaims any representation or warranty that your unauthorized
use of Content will not infringe upon rights of third parties not owned by or affiliated
with Tyco.
Except as set forth in this User Agreement or in the text of this Website, you may
not reproduce, distribute, publish, transmit, modify, adapt, translate, display,
distribute, sell, license, publicly perform, prepare derivative works based upon,
or otherwise use or exploit the content. You may download one copy of portions of
the Content in temporary storage on one personal computer for your personal, non-commercial,
non-political, non-networked viewing and use only, provided you do not delete or
change any copyright, trademark, or other proprietary notices. The foregoing limited
right does not give you any ownership of any Content. Except as expressly provided
above, nothing contained in this User Agreement may be construed as conferring to
you (by implication, estoppel, or otherwise) any license or right to any Content
under any copyright or any other intellectual property right, law or statute.
Tyco respects the intellectual property rights of others. If you believe that your
work has been infringed by means of an improper posting or distribution of it via
this Website, please send Tyco a written notice that includes all of the following:
- a legend or subject line that says: "DMCA Copyright
Infringement Notice";
- a description of the copyrighted work that
you claim has been infringed or if multiple copyright works, a representative list
of such works;
- identification of the material that is claimed
to be infringing or to be the subject of the infringing activity that is to be removed
or access to which is to be disabled, and the URL of the site and a description
of where the material that you claim is infringing is located on that site;
- your address, telephone number, and e-mail
address;
- a statement by you that you have a good faith
belief that the alleged infringing material is not authorized by the copyright owner,
its agent, or the law;
- a statement by you, made under penalty of perjury,
that all the information in your notice is accurate, and that you are the copyright
owner (or, if you are not the copyright owner, then your statement must indicate
that you are authorized to act on the behalf of the owner of an exclusive right
that is allegedly infringed); and,
- your electronic or physical signature.
Tyco will only receive DMCA notices by mail, or e-mail at the addresses below:
By Mail: Tyco
One Town Center Road
Boca Raton, Florida 33486
Attention: IP Counsel
By E-Mail: tfccommunications@tyco.com
Tyco may elect to not respond to DMCA notices that do not comply with all of the
foregoing requirements, and Tyco may elect to remove allegedly infringing material
that comes to its attention via notices that do not comply with the DMCA. The administrator
or owner of an affected site that is the subject of a DMCA Copyright Infringement
Notice or the provider of any affected content may make a counter notification pursuant
to Section 512 of the Digital Millennium Copyright Act, and after receipt of such
has counter notification, Tyco may reinstate the material or link in question.
Trademarks
The trademarks, logos, and service marks displayed on this Website are owned or
licensed by Tyco, or its subsidiaries, affiliates, and others (collectively "Trademarks").
All Trademarks not owned by Tyco are the property of their respective owners, and
are used with permission or allowed under applicable laws. Nothing contained on
this Website may be construed as granting, by implication, estoppel, or otherwise,
any right or license to use any Trademark. You are on notice that any misuse of
the Trademarks is strictly prohibited and Tyco will aggressively enforce its intellectual
property rights to the fullest extent of the law, including pursuit of criminal
prosecution wherever necessary.
Disclaimer
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. TYCO DOES NOT WARRANT
THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE REliABIliTY OF ANY ADVICE,
OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.
YOU ACKNOWLEDGE THAT ANY REliANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM,
OR INFORMATION SHALL BE AT YOUR SolE RISK. TYCO RESERVES THE RIGHT, IN ITS SolE
DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. TYCO
MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS,
SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE AND THE INFORMATION AND MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT
ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPliED, OF ANY KIND, INCLUDING, BUT
NOT liMITED TO, WARRANTIES OF MERCHANTABIliTY, REliABIliTY, ACCURACY, VAliDITY,
TIMEliNESS, USEFULNESS, COMPLETENESS, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR
PURPOSE. TYCO ASSUMES NO RESPONSIBIliTY AND SHALL NOT BE liABLE FOR ANY DAMAGE TO,
OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT RESULTING FROM YOUR ACCESS
TO OR USE OF THIS SITE, OR DOWNLOADING ANY INFORMATION FROM THIS SITE. SOME JURISDICTIONS
DO NOT ALLOW FOR THE EXCLUSION OF IMPliED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, Tyco may provide, on this Site, links to Web sites operated
by other entities. If you use these sites, you will leave this Site. If you decide
to visit any linked site, you do so at your own risk and it is your responsibility
to take all protective measures to guard against viruses or other destructive elements.
Tyco makes no warranty or representation regarding, and does not endorse, any linked
Web sites or the information appearing thereon or any of the products or services
described thereon. Links do not imply that Tyco or this Site sponsors, endorses,
is affiliated or associated with, or is legally authorized to use any trademark,
trade name, logo or copyright symbol displayed in or accessible through the links,
or that any linked site is authorized to use any trademark, trade name, logo or
copyright symbol of Tyco or any of its affiliates or subsidiaries.
Information Provided By You
Any personally identifiable information you may provide to Tyco via this Site is
protected by the Privacy Policy associated with this Site. Tyco does not want you
to, and you should not, send any confidential or proprietary information to Tyco
via the Site. You agree that any information or materials that you or individuals
acting on your behalf provide to Tyco will not be considered confidential or proprietary.
By providing any such information or materials to Tyco, you grant to Tyco an unrestricted,
irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly
perform, transmit and distribute such information and materials, and you further
agree that Tyco is free to use any ideas, concepts or know-how that you or individuals
acting on your behalf provide to Tyco. You further recognize that Tyco does not
want you to, and you warrant that you shall not, provide any information or materials
to Tyco that is defamatory, threatening, obscene, harassing, or otherwise unlawful,
or that incorporates the proprietary material of another.
Review of Communications
Tyco reserves the right, but has no obligation, to review communications and materials
posted or uploaded to the Site, and to block or remove communications or materials
that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive,
or misleading, (c) in violation of a copyright, trademark or other intellectual
property rights of another, or (d) offensive, objectionable or otherwise unacceptable
to Tyco at its sole discretion.
Indemnity and Limitations of Damages
You shall indemnify and hold harmless Tyco, its officers, directors, shareholders,
subsidiaries, and employees from and against any and all costs, damages, liabilities,
and expenses (including attorneys' fees) incurred in relation to, arising from,
or for the purpose of avoiding, any claim or demand from a third party that your
use of the Site violates any applicable law or regulation, or the rights of any
third party.
IN NO EVENT SHALL TYCO OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHolDERS, SUBSIDIARIES,
OR EMPLOYEES BE liABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGES (INCLUDING, WITHOUT liMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDliNG SYSTEM)
THAT ARE RELATED TO THE USE OF, OR THE INABIliTY TO USE, THE CONTENT, MATERIALS,
AND FUNCTIONS OF THE SITE OR ANY liNKED WEBSITE, EVEN IF TYCO IS EXPRESSLY ADVISED
OF THE POSSIBIliTY OF SUCH DAMAGES.
Changes
Tyco reserves the right, at its sole discretion, to change, modify, add or remove
any portion of these Terms, in whole or in part, at any time, without notice. Changes
in this Agreement will be effective when notice of such change is posted. Your continued
use of the Site after any changes to these Terms are posted will be considered acceptance
of those changes.
Tyco may terminate, change, suspend or discontinue any aspect of the Site, including
the availability of any features of the Site, at any time. Tyco may also impose
limits on certain features and services or restrict your access to parts or all
of the Site without notice or liability. Tyco may terminate the authorization, rights
and license given above and, upon such termination, you shall immediately destroy
all Materials.
International Users and Choice of Law
This Site is operated and administered from within the United States of America.
If you access this Site from a location outside of the United States, you are responsible
for compliance with all local laws. These Terms and Conditions of use shall be governed
by the laws of the State of New York, without giving effect to its conflict of laws
provisions. You agree to submit to the jurisdiction of the courts located in the
State of New York, for the resolution of all disputes arising from or related to
these Terms and/or your use of the Site.
These Terms constitute the entire agreement between Tyco and you with respect to
your use of the Site. Any cause of action you may have with respect to your use
of the Site must be commenced within one (1) year after the claim or cause of action
arises. If for any reason a court of competent jurisdiction finds any provision
of the Agreement or portion thereof, to be unenforceable, that provision shall be
enforced to the maximum extent permissible so as to effect the intent of the Agreement,
and the remainder of this Agreement shall continue in full force and effect.