Terms & Conditions
Terms & Conditions
Mechantek and its operating divisions and subsidiaries (collectively “Mechantek”) maintain and operate this and other websites (collectively the “Mechantek Sites”) for informational purposes only.
Registration for sites
Some pages of the Mechantek Site may be password protected. In the interest of safety and security of the business transactions, only registered users may access said pages. Mechantek reserves the right to deny registration to any user. Mechantek particularly reserves the right to determine certain sites, which were previously freely accessible, subject to registration. Mechantek is entitled, at any time and without obligation to give reasons, to deny the user the right to access the password-protected area by blocking the user, in particular if the user:
Uses false data for the purpose of registration
Violates these terms and conditions
Neglects its duty of care with regard to user data
Violates any applicable laws in the access to or use of the Mechantek website
Did not use the Mechantek website for a long period
For registration, the user shall give accurate information and, where such information changes over time, update such information (to the extent possible: online) without undue delay. The user shall ensure that its e-mail address, as supplied to Mechantek, is current at all times and an address at which the user can be contacted.
Upon registration the user will be provided with an access code, comprising a User ID and a password (“User Data”). On first access the user shall promptly change the password received from Mechantek into a password known only to the user. The User Data allows the user to view or change its data or, as applicable, to withdraw its consent to data processing.
The user shall ensure that User Data is not accessible by third parties and is liable for all transactions and other activities carried out under its User Data. At the end of each online session, the user shall log-off from the password-protected websites. If and to the extent the user becomes aware that third parties are misusing its User Data, the user shall notify Mechantek thereof without undue delay in writing, or, as the case may be, by e-mail. After receipt of this notice, Mechantek will endeavor to deny access to the password-protected area under such User Data. Access by the user will only be possible again upon the user’s application to Xylem or upon new registration.
The user may at any time request termination of registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Mechantek will remove all User Data and other stored personally identifiable data of the user as soon as these data are no longer needed.
Information and Documents
By using the Mechantek Sites or downloading documents, materials or information (hereinafter “Material”) from them, you agree to be bound by the Legal Conditions set forth in this notice. If you do not wish to be bound by these Legal Conditions, leave immediately, do not use and do not download any Material from this or any other Mechantek Site.
International Users, Choice of Law and Jurisdiction
The Mechantek Sites and the Material contained in them shall be deemed to be provided in the state of Texas in the United States of America and you agree that the law governing these Legal Conditions or your use of a Mechantek Site shall be the laws of the state of Texas without regard to any principles of conflicts of law. You further agree that any disputes arising under these Legal Conditions or from your use of a Mechantek Site shall be submitted exclusively to the courts in the state of Texas and that you will not assert jurisdiction in any other court or tribunal anywhere in the world. Mechantek makes no representation that the Material at the Mechantek Sites is appropriate or available for use at locations outside of the United States. Access to the Materials from territories where the Materials are illegal is prohibited.
As a convenience to you, Mechantek may provide links to websites operated by other entities, but makes no warranty or representation whatsoever about any linked site and does not imply an affiliation or association with any such site. If you visit or use a linked site, you do so at your own risk.
All materials on, distributed through or accessible from, the Mechantek Sites are provided “as is” and “as available,” without warranty of any kind, expressed or implied including but not limited to the implied warranties of merchantability, fitness for particular purpose, or non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Mechantek does not warrant the accuracy or completeness of the materials, including but not limited to the reliability of any advice or statement displayed or distributed through the Mechantek Sites and your reliance on any such materials, advice, statement or information shall be at your sole risk.
Mechantek shall not be liable for any damages to, including any damages from viruses that may infect your computer equipment or other property by virtue of your access to any Mechantek Site or your downloading of any materials therefrom.
Limitation of Damages
In no event shall Mechantek be liable for any direct, special, indirect, consequential, punitive or other damages of any kind whatsoever resulting from any cause whatsoever, including but not limited to loss of use, loss of profits, or loss of data whether in an action under the theories of contract, negligence, or strict liability or otherwise, arising out of or in any way connected with the use of any Mechantek Site or any materials, information or documents on or accessed through any Mechantek Site.
By your acceptance of the Legal Conditions contained herein: you agree not to deep link or frame link to any Mechantek Site for any purpose without the express written permission of Mechantek; and, Mechantek grants you permission to view, download and copy Material provided that (a) all copyright and proprietary notices are retained, (b) the Materials are not publicly displayed, publicly distributed, or modified in any way and that no graphics are used separately from its accompanying text, and (c) any use of the Material is for informational and non-commercial or personal use only.
Information Provided By You
Do not send any confidential or proprietary information to Mechantek via a Mechantek Site. You agree that any information you so send will not be considered confidential or proprietary and you grant Mechantek an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce and distribute any such information.
Mechantek reserves the right to change these Legal Conditions at any time. Any such changes or modifications will be effective immediately when such changed or modified Legal Conditions are posted on the Mechantek Sites. Your use of a Mechantek Site after the modified or changed Legal Conditions are posted shall be your acceptance of that modified or changed Legal Condition. From time to time, you should review the Legal Conditions posted on the Mechantek Sites to see the then current Legal Conditions.