Terms & Conditions
Welcome to the user agreement (the "Agreement") for www.brewdr.com and any of its domains and sub-domains (individually and collectively, the “Site”). Through the Site, domnick hunter - a division of Parker Hannifin Company (“dh”) offers certain filtration products for sale to registered users. This Agreement contains the terms and conditions on which dh is willing to offer you access to and use of the Site (the “Terms”). If you do not agree to be bound by the Terms, do not use or access the Site.
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Terms of Use and Access.
You must read, agree with and accept all of the Terms, which include those expressly set out below and those incorporated by reference, before you may become a registered user of the Site. We strongly recommend that, as you read this Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions that apply to you as a user of the Site. By accepting this Agreement, you also agree that your use of other dh websites will be governed by the User Agreements and Privacy Policies posted on those websites.
We may amend this Agreement at any time by posting the amended terms on the Site. All amended terms shall automatically be effective 30 days after they are initially posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and dh. This Agreement is effective upon registration for new users, and is otherwise effective on June 1, 2005 for all other users.
- Eligibility. Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Persons under the age of 18 are not eligible to use the Site unless in conjunction with and under the direct supervision of a parent or guardian. If you do not qualify, please do not use or access the Site. Further, your Site account and User ID may not be transferred or sold to another party. If you are registering as a business entity, you represent and warrant that you have the authority to bind the entity to the Terms.
- Terms of Sale. Our TERMS OF SALE are incorporated into this Agreement by reference and apply to all purchases of products through the Site. We may change our Terms of Sale from time to time and such changes are effective automatically when posted on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
- Prices. The prices listed on the Site are for Internet orders only. Prices on some items may differ from those charged at dh’s stores. Prices and the availability are subject to change without notice. "List Prices" on the Site are the manufacturers' suggested retail prices and may not be the actual selling prices in your area. Any reference to "savings" on the Site indicates the average savings off the "list price". Your actual savings will vary depending upon the goods purchased and the date of the transaction. We reserve the right to limit sales, including the right to prohibit sales to re-sellers. We are not responsible for typographical or photographic errors.
- Site Contents; Ownership. The information contained in this Site including all images, illustrations, designs, photographs, videoclips, writings and other materials are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (the "Contents") by dh or its subsidiaries and affiliates. The name domnick hunter inc and the domnick hunter inc logo are registered marks of domnick hunter inc.
- Restricted Activities. Your activities on the Site shall not: (a) be fraudulent, false, inaccurate or misleading; (b) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (c) result in the propagation of any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (d) create liability for dh or its affiliates, subsidiaries or suppliers or cause dh or its affiliates, subsidiaries or suppliers to lose (in whole or in part) the services of our ISPs or other suppliers. Except in connection with shopping or placing an order, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of dh or the applicable copyright owner.
- Access and Interference. Some of the information on the Site is proprietary or is licensed to dh by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without the prior expressed written permission of dh and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site.
- Breach. Without limiting its other remedies, dh may limit your activity, refuse to provide you with access to the Site or allow you to purchase any of the products offered for sale through the Site if: (a) you breach this Agreement or the documents it incorporates by reference; (b) dh is unable to verify or authenticate any information you provide to us; or (c) dh believes that your actions may cause financial loss or legal liability to dh or its affiliates, subsidiaries or suppliers.
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Privacy Policy
Our web-site privacy policy is available here.
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Additional Terms
- dh reserves the right to change any of the policies at any time. Such changes are effective immediately after they are posted on the Site.
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Security
- dh takes precautions to protect the information of Site users. Due to the existing regulatory environment, however, we cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. For example, we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmissions or private communications, or users may abuse or misuse your personal information that they collect from the Site. Therefore, although we use industry standard practices to protect your privacy, WE DO NOT PROMISE, AND YOU SHOULD NOT EXPECT, THAT YOUR PERSONAL INFORMATION OR PRIVATE COMMUNICATIONS WILL REMAIN PRIVATE. Your information is stored on dh Inc.'s servers located in the United States. We use procedural and technical safeguards to protect your personal information against loss or theft as well as unauthorized access and disclosure to protect your privacy, including encryption, "firewalls" and Secure Socket Layers. We treat data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by users inside and outside the company. Be advised, however, that "perfect security" does not exist on the Internet. If you have any questions about security at the Site, you can send an e-mail to brewdr.support@domnickhunter.com.
- Control of Your Password. You are responsible for all actions taken with your User ID and password. Therefore we recommend that you do not disclose your Site password to any third parties. If you choose to share your User ID and password or your personal information with third parties, you are responsible for all actions taken with your account and therefore you should review that third party's privacy policy. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. If your password has been compromised for any reason, you should immediately change your password.
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Accessing, Reviewing and Changing Your Personal Information
- We offer you the ability to automatically review and change the information you submit to us by logging into the Site and entering the new information yourself. Generally, we will modify your personal information based on your request. You can change your user email address, and shipping information by going to My Account. You must promptly update your personal information if it changes or is inaccurate.
- At your request, we will deactivate your account, contact information, billing information, shipping information, and financial information from our active databases. To make this request, email brewdr.support@domnickhunter.com. Such information will be deactivated as soon as reasonably possible. We will retain some personal information you have requested to remove to prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our User Agreement and comply with legal requirements as permitted by law. Therefore, you should not expect that all your personal information will be completely removed from our databases in response to your requests. However, such personal information will be deactivated and will only be available to select dh personal.
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No Warranty
ACCESS TO AND USE OF THE SITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. dh AND ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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Limitation of Liability
IN NO EVENT SHALL dh OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION WHETHER ARISING IN CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF ANY OF THE CONTENTS OF THE SITE, ANY PRODUCTS SOLD ON THE SITE OR THIS AGREEMENT. Our liability and the liability of any of our officers, directors, employees, affiliates and suppliers is limited to the greater of: (a) the cost of the products purchased on the Site in the preceding 12 months; or (b) $100.00.
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Indemnification
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
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Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your access to and use of the Site and any purchases made through the Site.
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Notices
All notices to dh under this Agreement shall be given by postal mail to domnick hunter - a division of Parker Hannifin Company at 5900 Northwoods Parkway Suite B Charlotte, North Carolina 28269 USA. All notices to you under this Agreement shall be sent to the email address provided by you during the registration process. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid. Alternatively, dh may give you notice by certified mail, postage prepaid and return receipt requested, to any address provided by you during the registration process. In such case, notice shall be deemed given upon receipt.
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Choice of Law; Jurisdiction
This Agreement and any dispute or claim relating to it shall in all respects be governed by and construed according to the laws of the State of North Carolina, excluding its conflict of laws principles. The parties hereby agree that the purchase and sale of Products and any dispute or controversy relating thereto shall not be governed by the provisions of the United Nations Convention on the International Sale of Goods ("CISG"). Except with respect to an action instituted by dh for equitable relief, including, without limitation, an action for temporary or permanent injunctive relief, you agree that the General Courts of Justice of the State of North Carolina and United States District Courts in Mecklenburg County, North Carolina shall constitute the exclusive forums for the adjudication of any and all disputes or controversies arising out of or relating to this Agreement or the Site. You consent to the exercise of jurisdiction over you by such courts with respect to any such dispute or controversy, and waive any objection to the assertion or exercise by such court of such jurisdiction.
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General
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. This Agreement and all incorporated agreements may be assigned by dh in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement and all additional terms referenced herein set forth the entire understanding and agreement with respect to the subject matter hereof.