use the site.
Limited License to Use the MaterialsThis entire website and the various separate parts thereof are protected under United States federal
copyright law and worldwide copyright laws and treaties. The website contains various materials such
as content, software, video, audio, art, graphics, text, etc. (collectively, the "Materials"). You may
download or print copies of the items that are included in the Materials in connection with the use or
proposed use of FETCO products. This is a license, not a transfer of title, and is subject to the
following restrictions: you may not (a) modify the Materials; or (b) remove any copyright, trademark or
other proprietary or warning notices from the Materials. You agree to prevent any unauthorized
copying or use of the Materials. By providing you with this limited license to use the Materials, FETCO
is not in any way transferring to you title to the Materials. You may own the medium on which the
Materials are recorded, but FETCO retains full and complete title to the Materials, and all intellectual
property rights therein.
TrademarksThe names, trademarks, and logos of FETCO appearing on this site may not be used in any advertising
or publicity, or otherwise to indicate FETCO's sponsorship of or affiliation with any product or services,
without FETCO's prior express written permission. The names, trademarks, and logos of FETCO may
not be used in connection with any disparaging statements about FETCO or its products, or statements
that otherwise reflect poorly on FETCO. FETCO, LUXUS, EXTRACTOR, THE EXTRACTOR
and Design, MILLENIA, DRIVEN TO PIONEER INNOVATION, DRIVEN TO PIONEER
INNOVATION and Design, PULSE-BREW, BREW MASTER, LOCK-N-GRIP and SHANKLESS
are trademarks or registered trademarks of FETCO. All other trademarks or trade names are
trademarks or trade names of their respective owners.
DisclaimerFETCO HAS DONE ITS BEST TO MAKE SURE THAT EVERYTHING ON THIS WEBSITE IS
ACCURATE AND COMPLETE. HOWEVER, THIS SITE, THE MATERIALS AND ALL OF
THE INFORMATION CONTAINED WITHIN THE FOREGOING ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT,
ARE HEREBY EXPRESSLY DISCLAIMED. FETCO does not warrant that the
functions contained in the Materials including access to the website will be uninterrupted or error-free,
that defects will be corrected, or that this site or the server that makes it available are free of viruses or
other harmful components. FETCO does not warrant or make any representations regarding the use or
the results of the use of the Materials in the FETCO Website in terms of their correctness, accuracy,
reliability, usefulness or otherwise. You (and not FETCO) assume the entire cost of all necessary
servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the
above exclusion may not apply to you. In such states, the exclusion of implied warranties shall be as
broad as the greatest extent permitted by such state. If you have purchased products from FETCO,
you may be entitled to certain warranty protections in association with the purchase of those products,
and they are effective as expressly stated therein without modification by the foregoing.
Limitation of LiabilityUnder no circumstances, including, but not limited to, negligence, gross negligence or recklessness, shall
FETCO be liable for any special or consequential damages that result from the use of, or the inability to
use, the Materials, or resulting from the alteration or deletion of any posted messages, even if FETCO
or a FETCO authorized representative has been advised of the possibility of such damages. This
disclaimer of liability applies to any damages or injury caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission, computer virus,
communication line failure, or other problem or reason, whether for breach of contract, tortious
behavior, negligence, or under any other cause of action. Applicable law may not allow the limitation or
exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not
apply to you. In such states, the liability of FETCO is limited to the greatest extent permitted by such
state law. In no event shall FETCO's total liability to you for all damages, losses, and causes of action
whether in contract, tort (including, but not limited to, negligence, gross negligence or recklessness) or
otherwise exceed the amount paid by you to FETCO, if any to FETCO, for accessing the FETCO
IndemnificationYou agree to indemnify and hold FETCO, its officers, directors, owners, agents and employees,
harmless from any claim or demand, including reasonable attorney fees, made by any third party due to
the infringement by you, or other user of the site using your computer, of any intellectual property or
other right of any person or entity. FETCO reserves the right, at your own expense, to assume the
exclusive defense and control of (but not the liability for) any matter otherwise subject to indemnification
by you. You will be liable to FETCO for FETCO's reasonable attorney fees in such case.
Links to other WebsitesFETCO makes no representation whatsoever regarding the content of any other websites which may be
accessed from the FETCO Website. FETCO is not responsible for the accuracy or availability of non-
FETCO websites and does not endorse and is not responsible or liable for any content, advertising,
products, or other materials on or available from such sites or resources. FETCO shall not be liable for
any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on
non-FETCO websites or resources. All concerns regarding any external link should be directed to its
respective site administrator or webmaster.
Guest BookAll messages appearing on the FETCO's Guest Book are the sole responsibility of the persons posting
the message. You, and not FETCO, are entirely responsible for all information and material that you
post to the Guest Book. FETCO DOES NOT CONTROL THE CONTENT OF ANY POSTED
MESSAGES AND DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY
OF ANYTHING POSTED ON THE GUEST BOOK. UNDER NO CIRCUMSTANCES WILL
FETCO BE LIABLE FOR ANY ERRORS OR OMISSIONS IN ANY POSTINGS OR FOR ANY
LOSS OR DAMAGES OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY
INFORMATION CONTAINED ON THE GUEST BOOK.
The following actions, among others, may result in removal of messages and/or termination of your
access to the Guest Book:
- Using the Guest Book for any illegal purposes or for the transmission of material that is unlawful,
harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene,
tortious or otherwise objectionable.
- Posting or transmitting third-party copyrighted information or in any way infringing on the
intellectual property rights, contractual or fiduciary rights of others.
- Using the service for transmission of junk mail, spam, chain letters, or unsolicited mass
distribution of e-mail.
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation
with a person or entity.
- Posting improper or off-topic massages, including messages that advocate unsafe maintenance or
any message posted on the Guest Book. You agree to indemnify and hold FETCO harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of
Material Posted On or Sent to the FETCO WebsiteYou agree that upon posting information on the Guest Book, you grant FETCO and its successors and
assigns a non-exclusive, worldwide, royalty free, perpetual, non-revocable license, with the full right to
sublicense, under your copyrights or other intellectual property rights, if any, in such material to use,
distribute, transmit, display publicly, reproduce, and create derivative works from such material in any
and all media, in any manner, whole or part, without any duty to account to you. You also grant
FETCO the right to authorize the downloading and printing of such material, or any portion thereof, by
end users of the FETCO web site.
Message boards sometimes contain material which users have copied electronically from other sources.
Because there are many thousands of possible sources spread out across the Internet, e.g.,
newspapers, scientific journals and bulletin boards, it is impossible for FETCO to determine if any
message on the Guest Book or otherwise sent to it infringes the copyright of another party. If you
believe that your work has been posted onto the Guest Book in a way that constitutes copyright
infringement, please notify FETCO at email@example.com with sufficient information and details so that the
situation can be promptly addressed. By providing you with this ability to notify FETCO of your belief
that copyright infringement may have occurred, FETCO makes no representations or warranties
concerning the outcome of your dispute. FETCO is not a legal forum and does not have the ability to
resolve disputed issues of fact. Such disputes should be taken to the appropriate legal forum.
PrivacyIt is FETCO's policy to take reasonable measures to respect the privacy of FETCO's users. FETCO
will take reasonable measures not to disclose information about you or the content of your
communications other than content that is publicly available or accessible via the Guest Book, except
that FETCO may do so in the good faith belief that such action is reasonably necessary (a) to comply
claims that any content on the FETCO Website violates the rights of third parties; or (e) to protect the
interests of FETCO or others, as FETCO may determine in its sole discretion.
FETCO does not collect personally identifiable information about individuals except when such
information is provided on a voluntary basis. For example, such information may be gathered from the
registration process for and postings to FETCO Guest Book. This information may also be gathered from the registration process for the FETCO Quarterly Newsletter. Users should be aware that when they
voluntarily disclose personally identifiable information in the user's communications on the website, for
example, on the Guest Book, that information can be collected and used by third party and may result in
unsolicited messages from other users or third parties. Such activities are beyond FETCO's control.
Users should be aware that non-personal information and data may be automatically collected through
standard operation of FETCO's server or through the use of "cookies." Cookies are small files a
website may use to recognize repeat users, facilitate user access to the site, and allow a site provider to
track usage behavior to aggregate data. If the user does not want information collected through
cookies, most browsers contain a simple procedure that allows the user to accept or deny the cookie
feature. If cookies are not allowed to be used, however, certain websites, may not function as well.
FETCO may perform statistical analyses of user behavior and characteristics in order to measure
interest in and use of its website, and may provide this analysis to others. FETCO will provide only
aggregated data from these analyses to third parties.
FETCO does not share information submitted through registration for the FETCO Quarterly Newsletter. By opting in through registration, users are agreeing to be contacted by FETCO, but their contact information will not be shared with a third party.
FETCO will make reasonable efforts at its convenience to update or correct personal information
previously submitted which the user states is out of date or erroneous, to the extent that such activity will
not compromise privacy or security.
FETCO reserves the right to change this policy at any time by notifying users of a new policy statement,
which may be posted on FETCO's website without any further notice. This statement and the policies
outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf
of any party.
GeneralThis site is controlled by FETCO from its offices within the United States of America. FETCO makes
no representation that Materials in the site are appropriate or available for use in other locations.
Access to the Materials from territories where their content may be illegal is prohibited.
Illinois, without giving effect to any principles of conflicts of law. You and FETCO agree to submit to
the personal and exclusive jurisdiction and venue of the courts located within Cook County, Illinois. If
enforceability of any remaining provisions. This is the entire agreement between the parties relating to
the subject herein.
FETCO shall have the right at any time to change or modify the terms and conditions contained in these
fees and charges for use. Such changes, modifications, additions or deletions shall be effective
immediately upon notice thereof, which may be given by means including, but not limited to, posting on
FETCO's website or by electronic or conventional mail, or by any other means used by FETCO to
provide notice thereof. Any use you make of FETCO's website(s) after such notice shall be deemed to
constitute acceptance by you of such changes, modifications or additions.
FETCO shall have the right at any time to change or discontinue any aspect or feature of its website(s),
including, but not limited to, content, hours of availability, and equipment needed for access of use.