Terms of Use and Privacy Policy
Terms of Use
1. General.
Bumperite Waterguards, LLC ("Bumperite", "we" or "us") have created and maintain this website for your benefit, information, education and communication. By accessing and/or using this website, you accept, without limitation or qualification, these terms and conditions of use. We reserve the right to change the terms and conditions from time to time at our sole discretion. Such changes will be effective immediately upon posting to the website. In the event of any violation of these terms and conditions, we reserve the right to seek all remedies available by law and in equity for such violations.
These terms and conditions of use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.
Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. Bumperite reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights Bumperite may have specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these terms of use such specific terms shall control.
Unless otherwise indicated, all material on this site © 2009 Bumperite Waterguards, LLC.
All rights reserved.
2. Intellectual Property.
The materials contained in this website are copyrighted and may not be reproduced in any form, or by any means, without the express written permission of Bumperite, except as expressly provided in these terms and conditions or in the text on the website. You may download material displayed on the website for non-commercial personal use only, provided you retain all copyright and other proprietary notices contained in the materials. You may not, however, reproduce, republish, display, perform, distribute, modify, transmit, reuse, re-post, or use the content of this website for public or commercial purposes, including, without limitation, the text, images, audio and video, without the express written permission of Bumperite. Bumperite neither warrants nor represents that your use of materials displayed on the website will not infringe rights of third parties not owned by or affiliated with Bumperite.
Images of people or places displayed on the website are either the property of, or used with permission by, Bumperite. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the website are registered and unregistered Trademarks of Bumperite. Nothing contained on the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of Bumperite. Your use of the Trademarks displayed on the website, or any other content on the website, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Bumperite will aggressively enforce its intellectual property rights to the fullest extent of the law.
3. Disclaimer.
Bumperite makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Bumperite's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD BUMPERITE HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.
The pages on this website may contain technical inaccuracies, outdated information and typographical errors. Use of the website is at the risk of the user. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." NEITHER BUMPERITE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, OR USE OF, THE WEBSITE INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE, OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF BUMPERITE OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. BUMPERITE DOES NOT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We also assumes no responsibility, and will not be liable for, any damages to, or viruses that may infect, computer equipment or other property on account of your access to, use of, or browsing in this website or your downloading of any materials, data, text, images, video, or audio from the website.
4. Privacy of User Information.
Please see our Privacy Policy for information regarding the collection of personal information from this website.
Despite any representations concerning privacy, Bumperite reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.
5. Availability of Products and Services.
The information provided at this website is published throughout the world. Bumperite controls and manages this website from its facilities in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. Please contact your local sales representative for information as to products and services available in your country.
6. Links to Third Party Sites.
This website may contain links to third party sites. Such linked sites are not under the control of Bumperite, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at the user's own risk. We have not reviewed the sites linked to the website. We provide these links merely as a convenience and the inclusion of such links does not imply an endorsement by Bumperite of such third party sites or any goods or services offered by such third parties.
7. User Content.
Bumperite is pleased to hear from its customers, however we do not accept or consider any creative ideas, suggestions or other materials related to products, services or marketing.Anything you disclose or offer to us by or through this website ("Communications"), including e-mails to Bumperite or postings on interactive portions of this website, shall be deemed and shall remain the property of Bumperite. If you send us such Communications, you are providing it to us on a NON-CONFIDENTIAL BASIS, and we will have no obligation to keep such information secret, to refrain from using such information, or to compensate you for the receipt or use of such Communications. Bumperite is free to use, for any purpose whatsoever, any Communications, including but not limited to publishing, or developing, manufacturing, and marketing products using such Communications. By submitting Communications to us through this website, through e-mail, or through any means other than through the procedures outlined elsewhere in this website, you hereby RELEASE Bumperite from any liability under any legal theory in connection with the use, modification, sale, or disclosure of any Communications. By uploading or otherwise providing any Communications to this website or Bumperite, you hereby grant Bumperite, to the extent you retain any rights, the unlimited, perpetual right to reuse, redistribute, modify and create derivative works from such Communications for any purpose and in any media without compensation, and you warrant that all "moral rights" in uploaded Communications have been waived.
8. Jurisdiction and Choice of Law.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You and Bumperite irrevocably consent to the exclusive jurisdiction of Ventura County Superior Court, State of California in connection with any action arising out of or related to these terms of use or their subject matter. You and Bumperite waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
9. Severability.
If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any.
10. Installation.
Spacing requirements for application should be determined by a competent scaffold erector or structural engineer per building and safety codes prior to installation. The temporary disconnection and reconnection of the product at erected scaffold should only be performed one connection at a time and only after it is determined safe to do so. The final determination of safety is the sole responsibility if the end user and should be determined by a competent and qualified person. Follow all OSHA, Federal, State and Local requirements to ensure scaffold safety.
11. Limitation of Liability.
Bumperite Waterguards, LLC's liability, expressed or implied, is limited to the selling price of any defective goods. User shall determine the suitability of this product for the intended use by doing field test before using, and assumes all risk and liabilities in connection therewith.
Privacy Policy
Bumperite Waterguards, LLC ("Bumperite", "we" or "us") respect your right to privacy. We do not currently trade, sell or rent personal information collected about you to third parties.
Please read the Privacy Policy outlined below that explains how Bumperite will and will not use the information you provide. By using or accessing this website, you signify your acknowledgment and assent to the Privacy Policy. If you do not agree to this policy, please do not use this website. Please note that we can revise this policy at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms.
What information does Bumperite collect and how do we use this information?
We may request personal information from you for processing orders and shipping products, and through the contact forms on this website. This may include your name, address, e-mail address, telephone number, etc.
Our web-sites allow you to contact us directly with questions or comments regarding our products, or services. The process requires you to give certain personal information.. We also maintain data files to ensure that we quickly resolve customer comments or questions and implement improvements based on those comments.
Our web servers may automatically monitor the number of visitors, the average time spent on the site, the popularity of our web-sites, and any programming errors or failures on any of our web-sites in order to determine the effectiveness of the Bumperite web-site and to make improvements to the website.
Does Bumperite share your information with other third parties?
Bumperite will not collect any personally-identifiable information about you (that is your name, address, telephone number, or email address) unless you provide it voluntarily. If you do not want your personally-identifiable information collected, do not submit it to us. If you do submit personally-identifiable information we may store and process that information to better understand your needs, and how we can improve our products and services or we may use that information to contact you. We may share your personal information with our business partners in order to facilitate the process of servicing your products or to better serve you. We will not give or sell your individual information to any outside company for its use in marketing or solicitation and we will maintain the confidentiality of your personal information and it will only be used to support your relationship with Bumperite.
Does Bumperite use cookies?
Bumperite uses "cookies" on this website because they help us in many ways to make your visit to our website more enjoyable and meaningful to you. Cookies are text information files that your web browser places on your computer when you visit a website. Bumperite may use such "cookie" technology to obtain information from you as an online visitor. Cookies flag information about your activity on our Web site. This information helps us improve our site and make it friendlier and easier to use. Most browsers accept cookies automatically, but can be configured not to accept them or to indicate when a cookie is being sent. We never use cookies to save passwords, credit card numbers or other highly confidential information.
Does Bumperite have any special privacy policies with respect to children?
Bumperite encourages parents and guardians to monitor and participate in their children's online activities. No information should be submitted to this site by users under 13 years of age, and users under 13 years old are not allowed to register for newsletters, clubs or activities. Users under 18 years of age are not allowed to make purchases or participate in contests. Where appropriate, Bumperite may ask you to indicate your age to verify compliance with these policies.
Bumperite does not knowingly collect information from our guests under 13 years of age or provide any personally identifying information from such guests to any third party for any reason whatsoever. We do not allow guests known to be under 13 years of age to receive direct marketing communications from Bumperite or from third parties.
What about Bumperite's links to other sites?
We have and may add links to third party sites. Because such linked sites are not under the control of Bumperite, we are not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on any such linked sites. Access to any other Internet site linked to this website is at your own risk. Bumperite has not reviewed all of the sites linked to the website. Bumperite provides these links merely as a convenience and the inclusion of such links does not imply an endorsement by Bumperite of such third party sites or any goods or services offered by such third parties.
Will this Privacy Policy change?
Bumperite may change this policy from time to time to better serve you, so please review this policy periodically.
How do I contact Bumperite regarding this policy statement?
If you have any questions or comments on this policy statement please notify BUMPERITE WATERGUARDS, LLC at This e-mail address is being protected from spambots. You need JavaScript enabled to view it. .
All contents copyright © 2009 Bumperite
