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 Website.
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 operating procedures.
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.
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.