LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RPS Water PUMPS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT RPS WATER PUMPS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (D) THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL RPS WATER PUMPS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OF THE RPS PRODUCTS, EXCEED THE TOTAL OF THE AMOUNTS PAID TO RPS WATER PUMPS FOR THE PRODUCTS PURCHASED BY CUSTOMER.
INDEMNIFICATION
Customer shall indemnify, defend and hold harmless RPS Water Pumps and its officers, directors, employees, agents, affiliates, successors and permitted assigns (collectively, “Indemnified Party”) against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, fees and the costs of enforcing any right to indemnification under this Agreement, incurred by Indemnified Party relating to any claim of a third party arising out of or occurring in connection with the RPS Products purchased from RPS Water Pumps or Customer’s negligence, willful misconduct or breach of this Agreement. Customer shall not enter into any settlement without RPS Water Pumps’ or Indemnified Party’s prior written consent.
INTELLECTUAL PROPERTY
All intellectual property rights of RPS materials and content on the Website, including but not limited to text, designs, images, graphics, logos, and software, is the property of RPS Water Pumps or its licensors and is protected by US intellectual property laws. You may not use any of our intellectual property without our prior written permission.
WEBSITE TERMS
Website Content. The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
WITHOUT LIMITING THE FOREGOING, RPS Water PUMPS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ITS CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
We may update the content available through the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material available through the Services may be out of date at any given time, and we are under no obligation to update such material. From time to time, RPS Water Pumps may issue an update to the Services, which may add, modify, and/or remove features; these updates may be pushed out automatically with little or no notice.
Users Outside the United States. The owner of the Website is based in the state of California in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Privacy Policy. All information we collect through the Services is subject to our Privacy Policy RPSwaterpumps.com/terms/. By visiting the Website and using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Copyright Infringement. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Services (including the Website) infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to us at copyright@ruralpowersystems.com.
Feedback. To the extent that you give us feedback, comments or suggestions concerning the Services (collectively, “Feedback”), you acknowledge and agree that all Feedback is RPS Water Pumps’ sole and exclusive property, and you hereby unconditionally and irrevocably assign and transfer to RPS Water Pumps, your entire right, title and interest in and to any intellectual property rights that you may now or hereafter have in or relating to the Services. To the extent that the foregoing assignment is ineffective for whatever reason, you agree to grant and hereby grant to RPS Water Pumps a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license (with the right to grant and authorize sublicenses) to make, have made, use, import, offer for sale, sell, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit such Feedback without restriction. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us in acquiring, perfecting and maintaining our intellectual property rights in, and other legal protections for, the Feedback.