TERMS OF USE

Privacy ProductDescriptions/"How To" Guides
Copyright  Other Businesses
Trademarks Disclaimer of Warranties and Limitation of Liability
License and Site Access Applicable Law
Your Account Disputes
Feedback & Comments Site Policies, Modification and Severability
Risk of Loss

Welcome to devap.com. The DeVilbiss Air Power Company, its parent, subsidiaries and affiliates, (collectively “DeVilbiss”) provide their services to you subject to the following conditions.

If you visit or shop at devap.com, you accept these conditions. Please read them carefully.

In addition, when you use any current or future devap.com service or visit or purchase from any business affiliated with devap.com, whether or not included in the devap.com web site, you also will be subject to the guidelines and conditions applicable to such service or business.

 

Privacy  Top

Please review our Privacy Policy, which also governs your visit to devap.com to understand our practices.

Copyright  Top

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software is the property of DeVilbiss or its content suppliers and is protected by U.S. and international copyright laws. The collection, compilation, assembly and arrangement of all content on this site is the exclusive property of DeVilbiss and is protected by U.S. and international copyright laws.

Trademarks  Top

Ex-CellTM and other marks indicated on our site from time to time are trademarks of DeVilbiss, its subsidiaries or affiliates in the U.S. or other jurisdictions. This list is not exhaustive and the absence of a mark from this list should not be viewed as a waiver by DeVilbiss of any of its rights concerning that mark. Other DeVilbiss product or service names, logos, graphics, page headers, button icons, scripts are trademarks or trade dress of DeVilbiss and may not be used in connection with any product or service that is not DeVilbiss’ in any manner, but especially that which is likely to cause confusion in the marketplace or in any matter that disparages or discredits DeVilbiss. All other trademarks not owned by DeVilbiss that appear on this site are the property of their respective owners who may or may not be affiliated with or connected to DeVilbiss. You are not permitted to use any mark displayed on this site for any purpose without the prior written consent of the owner.

 

License and Site Access  Top

DeVilbiss grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DeVilbiss. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sole, resold, visited or otherwise exploited for any commercial purpose without express written consent of DeVilbiss. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of DeVilbiss without express written consent. You may not use any meta tags or any other “hidden text” utilizing DeVilbiss’ name or trademarks without the express written consent of DeVilbiss. Any unauthorized use terminates the permission or license granted by DeVilbiss. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of devap.com so long as the link does not portray DeVilbiss, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any DeVilbiss logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account  Top

If you use this site, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer. You agree to accept responsibility for all activities that occur through your account and password. Devap.com does not sell products for purchase by children. If you are under 18, you may use devap.com only with involvement of a parent of guardian. Devap.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in their sole discretion.

Feedback, Comments, Communications and Other Content  Top

Visitors may post comments and other content; send e-cards and other communications; and submit suggestions, ideas, product ideas, photographs, comments, questions or other information so long as the content is not illegal, obscene, threatening, defamatory, harassing, invasive of privacy, infringing of intellectual property rights or otherwise injurious or objectionable to third parties, and does not consist of or contain software viruses or malicious code, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. Devap.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, DeVilbiss and its affiliates may use it royalty-free on an unrestricted basis. In such event you grant DeVilbiss and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicenseable right to use, reproduce, commercialize, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DeVilbiss and its affiliates and sublicensees the right to use any product idea and the name that you submit in connection with such content, if they so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you submit, that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DeVilbiss or its affiliates for all claims resulting from your submissions. No material will be returned to you. DeVilbiss has the right but not the obligation to monitor and edit or remove any submission. DeVilbiss takes no responsibility and assumes no liability for any content posted by you or any third party.

 

Risk of Loss  Top

All items purchased through devap.com from DeVilbiss are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

Product Descriptions/"How To" Guides  Top

Devap.com and its affiliates attempt to be as accurate as possible. However, DeVilbiss does not warrant that product descriptions, “how to” guides, or other content on this site is accurate, complete, reliable, current or error-free. If a product offered by devap.com itself is not as described, your sole remedy is to return it in unused condition.

Other Businesses  Top

Parties other than DeVilbiss may operate stores, provide services or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. Regardless of whether they are an approved affiliate or business partner, DeVilbiss, its parent and subsidiaries are not responsible for examining or evaluating and we do not endorse or warrant the offerings of, any of these businesses, affiliates or individuals or the content of their Web sites. DeVilbiss does not assume any responsibility or liability for the actions, product, and content of all these, including affiliates and any other third parties. Your dealings with them are strictly between you and them and you should carefully review their privacy statements and other conditions of use.

 

Disclaimer of Warranties and Limitation of Liability  Top

THIS SITE IS PROVIDED BY DEVILBISS ON AN “AS IS” AND “AS AVAILABLE” BASIS. DEVILBISS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DEVILBISS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. DEVILBISS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DEVILBISS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEVILBISS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DEVILBISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law  Top

  

By visiting devap.com, you agree that the laws of the state of Maryland, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DeVilbiss or its affiliates.

Disputes  Top

  

Any dispute relating in any way to your visit to devap.com or to products you purchase shall be submitted to confidential arbitration in Baltimore, Maryland, except that, to the extent you have in any manner violated or threatened to violate DeVilbiss’ intellectual property rights, DeVilbiss may seek injunctive or other appropriate relief in any state or federal court in the state of Maryland, and your consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Site Policies, Modification and Severability  Top

Please review our other policies, such as those relating to Shipping, Returns, Contests, Surveys Sweepstakes and Privacy, etc. all of which are posted on this site. These policies also govern your visit to devap.com. We reserve the right to make changes to our site, policies and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. These Conditions of Use govern your use of this site. You also may be subject to additional terms and conditions contained in our invoices or purchase orders or terms and conditions that may apply when you use affiliate services. The failure of DeVilbiss to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site must be filed within six (6) months after such claim arose or be forever barred.

The parties acknowledge that they have required that these Conditions of Use be prepared and provided in English. Les parties reconnaissent qu’elles ont exige que la presente convention soit redigee in anglais.