TERMS OF USE

Thank you for visiting pumpspotting.com (the “Site”).  pumpspotting.com is owned and operated by pumpspotting, LLC (“pumpspotting”, “our”, “we”, or “us”).  Please read these terms and conditions (the “Terms”) carefully because your access to and use of the Site, and any content, information, or other materials (collectively, “Content”) available on or through the Site is subject to these Terms.  These Terms are a legally binding contract between you and pumpspotting, and by accessing or otherwise using the Site or its Content, you are agreeing to be bound by these Terms.  IF YOU DO NOT UNDERSTAND OR ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS YOU MUST STOP ACCESSING AND USING THE SITE.

  1. Permitted Use.  Subject to these Terms, pumpspotting grants you permission to temporarily download one copy of the Content on the Site for your personal, non-commercial transitory viewing only.  This is the grant of a license only, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on the Site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.  To be clear, throughout the rest of these Terms when we refer to the “Site” we are also referring to any and all “Content,” unless the Terms expressly say otherwise.  All rights not expressly granted by pumpspotting to you are retained by pumpspotting, and you may not use the Site and/or any element of the Site in any manner or for any purpose not expressly authorized by these Terms. This license shall automatically terminate if you violate any of these restrictions and may be terminated by pumpspotting at any time, with or without cause, and with or without notice to you. When you are done viewing the Site, or otherwise when this license is terminated, you agree to destroy any materials you downloaded from the Site that are then in your possession.
  2. Intellectual Property Notice.  The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided in these Terms, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission.

pumpspotting, all company names, and all other trademarks and logos, unless otherwise noted, are trademarks and/or service marks of pumpspotting, LLC in the United States (the "Marks"). The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.

  1. Access and Interference. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site, the web pages or other content or materials available through the Site, or use the materials and content available through the Site for any other unauthorized purpose without pumpspotting’s prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the software and hardware infrastructure relating to the Site.
  2. Posted Terms.  When you use particular services or access certain applications or materials at the Site, there may be additional terms and conditions posted or provided to you regarding the particular service, application, or material (“Posted Terms”).  By way of example, use of our mobile application is subject to the applicable End User License Agreement.  

In addition to these Terms, your use of any such service, application, or materials will be subject to any Posted Terms applicable to the service, application, or materials, which Posted Terms are incorporated into these Terms.  In the event of any conflict or inconstancy between the Posted Terms and these Terms, the Posted Terms will govern with respect to the applicable service, application, or materials. 

  1. Your Privacy.  We take your privacy seriously.  Our use of your personal information is subject to the terms of our Privacy Policy, which can be found at http://www.pumpspotting.com/web-privacy-policy/, and which is hereby incorporated into these Terms by reference.  You acknowledge that you have read and understand our Privacy Policy, and consent to the use of any personal information you provide in accordance with the terms of, and for the purposes set forth in, the Privacy Policy.
  2. Third-Party Service Providers.  pumpspotting may use third-party service providers to help develop and maintain the Site.  You agree that the terms and conditions set forth in these Terms, including all disclaimers of warranties and limitations of liability, inure to the benefit of any third-party service providers engaged by pumpspotting.  All references to pumpspotting are deemed to include its agents and service providers. All agents and service providers of pumpspotting will be authorized to use your personal information as stated in our Privacy Policy.
  3. Third-Party Information.  Please be aware that when you are on the Site, you could be directed to other sites that are beyond our control.  pumpspotting is not responsible for the content of any linked site or any link contained in a linked site owned or controlled by a third party.  pumpspotting reserves the right to terminate any link or linking program at any time.  We provide such links only as a convenience to you.  We have not endorsed, tested or verified any information, programs, companies, or products on sites to which our Site links.  If you decide to access any third-party sites linked to the Site and/or provide any personally identifiable information to such, you do so subject to the terms and policies applicable to those sites and entirely at your own risk.

As part of the Site, we may also provide you information from third parties and Site contributors. Unless expressly stated on the Site, pumpspotting does not represent, endorse or guarantee the accuracy, completeness, timeliness, reliability or suitability of any such information provided by third parties or contributors. You agree that pumpspotting is not responsible for third-party information accessible through the Site, including opinions, advice, statements, or other information and advertisements, and that you use such information at your own risk.

  1. User Content.  In certain portions of the Site, or via our mobile applications, users may be allowed to submit information, content and/or other materials (individually and collectively, “User Content”). All User Content is the sole responsibility of the person by whom the User Content was posted. This means that you, and not us, are solely responsible for all User Content that you upload, post, transmit or otherwise make available through or on the Site. pumpspotting does not control the User Content posted on or through the Site and, therefore, pumpspotting does not guarantee the accuracy, integrity or quality of such User Content.  

When you upload, post, transmit, or otherwise make available through or on the Site User Content, you represent and warrant that (i) you own or otherwise control all of the rights to the User Content that you post; (ii) use of the User Content you supply does not violate this policy; (iii) the User Content does not infringe any intellectual property or other rights of any third party and does not violate any applicable laws or regulation; and (iv) the User Content will not cause injury to any person or entity.  

You also agree that you will not: (1) post any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (2) impersonate any person or entity, including, but not limited to, any of our employees, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity.  Without limiting the foregoing, we have the sole discretion, but not the obligation, to remove any User Content we believe violates these Terms, or otherwise is objectionable to pumpspotting.  Further, should User Content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them.

  1. DISCLAIMER OF WARRANTIES.  THE SITE, INCLUDING ALL CONTENT AVAILABLE ON AND/OR THROUGH THE SITE, IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, CONTINUED AVAILABILITY, QUALITY, ACCURACY AND/OR SYSTEM COMPATIBILITY.  IN ADDITION, NO WARRANTIES SHALL ARISE FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.  BY USING THE SITE, YOU ASSUME ALL OF THE RISKS ASSOCIATED WITH SUCH USE, AND YOU EXPRESSLY RELEASE PUMPSPOTTING, LLC, ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES, AND ITS THIRD-PARTY INFORMATION AND SERVICE PROVIDERS (COLLECTIVELY, THE “PUMPSPOTTING RELEASED PARTIES”), FROM ANY AND ALL LIABILITY, CLAIMS AND/OR LOSSES ARISING FROM OR CONNECTED WITH SUCH RISKS OR YOUR USE OF THE SITE.  

YOU ACKNOWLEDGE THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH SERVICES. 

All Content available through on the Site is for informational purposes only, and does not contain or constitute, and should not be interpreted as, medical advice or opinion.  We make no representation or warranty, and expressly disclaim any representation or warranty, whether express or implied, with regard to the Site.  The Site and User Content is not a substitute for the advice of a medical professional, and the information made available on or through the Site should not be relied upon when making medical decisions, or to diagnose or treat a medical or health condition.  You assume full responsibility for any decision or action taken in reliance on content made available through the Site and the results of the same.

  1. LIMITATION OF LIABILITY.  IN NO EVENT WILL THE PUMPSPOTTING RELEASED PARTIES BE LIABLE, NOR DO THEY ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, OR YOUR USE OF OR INABILITY TO USE THE SITE (OR THE CONTENT), OR OTHERWISE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, ANY CLAIM RELATED TO THE SITE, OR YOUR USE OF OR INABILITY TO USE THE SITE, MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT THAT GAVE RISE TO THE CLAIM.
  2. Indemnity.  You agree to indemnify and hold the pumpspotting Released Parties harmless from and against all damages, costs, claims, and liabilities (including reasonable attorneys’ fees and expenses) suffered or incurred by the pumpspotting Released Parties as a consequence of any claims or proceedings made or brought against the pumpspotting Released Parties by any person in connection with your use of the Site, your connection to the Site, your violation of these Terms, or any Posted Terms, including, without limitation, any claim or allegation based on your User Content, and any claim or allegation that, if true, would cause you to be in breach of Section 8 (“User Content”).

You are solely responsible for your actions when using the Site, including, but not limited to, costs incurred for Internet access.

  1. Termination.  IF YOU DO NOT UNDERSTAND OR ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE YOU MUST DISCONTINUE YOUR USE OF THE SITE.

We may terminate your access to the Site at any time and for any reason or no reason without prior notification.  Additionally, we may modify the Site at any time, and continuing to use the Site constitutes your agreement to such modifications. We may also, in our sole discretion and at any time, with or without notice, discontinue the Site or any portion of it, restrict the time the Site is available, or restrict the amount of use permitted.  Without limiting the foregoing, you agree that we may terminate or restrict your access to the Site under these Terms or under any other applicable policy with or without cause and with or without prior notice.  You agree that we will not be liable to you or any third party for any termination of your access to the Site. Provisions that survive termination of these Terms are those relating to ownership, limitations of liability, indemnification and others which by their nature are intended to survive.

  1. Amendments.  pumpspotting reserves the right to change these Terms and and/or any of its other terms, conditions, policies and rules relating to the Site, at any time in its sole discretion.  We will notify you of such changes by posting the modified terms on the Site.  You are responsible for regularly reviewing the Site and these Terms regarding such changes.  Continued use of the Site after any such changes have been posted shall constitute your agreement to them.
  2. Applicable Law, Severability and Waiver.  In order to ensure consistency in the interpretation and enforcement of these Terms and our rights in the Site, these Terms will be governed exclusively by Michigan law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and pumpspotting related, in any way, to the Site and/or these Terms, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Western District of Michigan, and/or the Circuit Court of the County of Kent, Michigan. You expressly consent and irrevocably submit to the exclusive personal jurisdiction and venue of such courts and waive any claim that such courts are an inconvenient forum.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of these Terms shall remain in full force and effect.

The failure of pumpspotting to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by an authorized representative of pumpspotting in writing. No waiver shall be implied from a failure of either party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions of these Terms.

  1. Assignment.  You may not assign your rights and obligations under these Terms without our prior written consent. 
  2. Copyright Disputes.  If you believe any User Content on our site infringes your copyright, you may report such infringement to us using the following procedure.  Notices and demands made pursuant to the Digital Millennium Copyright Act Section 512(c) (17 U.S.C. § 512(c)) must be submitted to the following Designated Agent: 

Michael Van Haren

Warner Norcross & Judd LLP

111 Lyon Street NW

900 Fifth Third Center

616-752-2000

mvanharen@wnj.com 

To be effective, the notification must be a written communication to the above Designated Agent that includes the following:

1. A physical or electronic signature of the copyright owner or one authorized to act upon their behalf;

2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate and remove the material;

3. Your contact information, including address, telephone number, and, if available, your email address, at which you can be contacted;

4. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

5. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

17.    Complaints and Violations.  If you have any complaints or wish to report any violation of these Terms, please contact us at amy@pumpspotting.com

Effective Date: January 10, 2017