Mountain Plumbing Products

Terms and Conditions

COPYRIGHTS, TRADEMARKS AND DISCLAIMERS

ALL INFORMATION CONTAINED IN THIS WEB SITE IS COPYRIGHT © 2007 MOUNTAIN PLUMBING PRODUCTS UNLESS OTHERWISE INDICATED. ALL RIGHTS RESERVED.

By using or accessing this Web Site, you acknowledge that you have read, understand and agree to be bound by the following terms and conditions. The material and information on this Web Site is protected by law, including copyright law. Except as otherwise specifically provided, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form and in any manner without MOUNTAIN PLUMBING PRODUCTS prior written permission. You may not mirror any material contained on this Web Site or any other server. Permission is hereby granted for you to make a single copy of documents or material published by Mountain Plumbing Products on this Web Site solely for informational purposes and for non-commercial use within your organization, provided that you keep intact all copyright and other proprietary notices and legends. Mountain Plumbing Products does not authorize any other use of the information or material provided.

Your use of this Web Site is at your own risk. Mountain Plumbing Products assumes no responsibility for the accuracy of the information contained on this Web Site. All information provided on this Web Site is provided “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL CFM BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUES OR COSTS OF REPLACEMENT GOODS RESULTING FROM THE USE OF OR RELIANCE ON THE INFORMATION PRESENTED IN OR THROUGH THIS WEB SITE, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Mountain Plumbing Products may provide hyperlinks or pointers to other web sites maintained by third parties. The links to any such third party web sites are provided for your convenience and information only. The content of any linked web site is not under the control of Mountain Plumbing Products and should you decide to access any such web site, you do so entirely at your own risk. The provision of a link to a third party web site does not mean that Mountain Plumbing Products endorses, authorizes or sponsors any such web site or that Mountain Plumbing Products is affiliated with such third party.

Information published on this Web Site is subject to change without notice. Mountain Plumbing Products may make improvements and/or changes in the products described on this Web Site at any time without notice. References to non- Mountain Plumbing’s products or services on this Web Site are for information purposes only and does not constitute a recommendation or endorsement of such products or services by Mountain Plumbing Products.

You should not send any confidential or proprietary information to Mountain Plumbing Products via this Web Site. Any information submitted by you becomes the property of Mountain Plumbing Products and, by sending such information, you grant to Mountain Plumbing Products the right and authority to use such information, subject to the Privacy Statement set forth below. By sending information or materials to Mountain Plumbing Products, you thereby grant to Mountain Plumbing Products an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such information or material and you further agree that Mountain Plumbing Products is free to use any ideas, concepts, know-how or techniques that you provide for any purpose.

Mountain Plumbing Products makes no representation that the information contained on this Web Site or that access to this Web Site is appropriate or available throughout the world. You are responsible for compliance with all applicable and local laws in the geography from which you access this Web Site including, without limitation, all applicable export and import laws and regulations. Mountain Plumbing Products may unilaterally revise or change these terms and conditions without notice and any such revisions or changes shall be effective upon posting.

All product and brand names referred to on this Web Site are trademarks or registered trademarks of their respective holders.

Products and services described on this Web Site may vary from country to country. Please contact your local Mountain Plumbing Products dealer or distributor for specific information.

Privacy Policy

The following is an explanation of Mountain Plumbing Products policy regarding any personal information you may supply to Mountain Plumbing Products when visiting this Web Site.

Mountain Plumbing Products collects personally identifying information only when you supply personalized information at this Web Site. Mountain Plumbing Products will not sell, rent or share this information with any other organization.

Mountain Plumbing Products may collect IP addresses for system administration and internal tracking. When you visit this Web Site, Mountain Plumbing Products, servers log IP addresses only and do not link IP addresses to anything personally identifiable.

Some of the Web Pages on this Web Site may use “cookies” to better serve you with more specific information when you return to the Web Site. Cookies are pieces of information that are transferred to your computer’s hard drive for record-keeping purposes. The stored information may be used to make usage of the Web Site easier and faster since it can be used to allow you to use the Web Site without having to re-enter information each time you access it. Cookies may also be used when you request personalized information from the Web Site. These cookies may be used to identify visitors when they return to the Web Site and also maintain the visitor’s identity while at the Web Site so you only need to log in once.

Mountain Plumbing Products does not use cookies to retrieve information from your computer that was not originally sent in the cookie. Some Web Pages on this Web Site may use cookies to track usage patterns in order to improve the usefulness and effectiveness of the Web Site.

Some Web Pages on this Web Site may also use cookies to track and gauge the effectiveness of Mountain Plumbing Products online advertising. This information is not shared with or sold to any third parties. It used strictly in internal marketing and reporting capacities.

By using this Web Site, you signify your agreement with this Privacy Statement. Mountain Plumbing Products reserves the right, in its sole discretion, to change, modify, add, or remove portions of this policy at any time. Your continued use of this Web Site following changes to these terms signifies your acceptance of such changes.

Policy Regarding Internet Sales

Background

One of the cornerstones of Mountain Plumbing Products business is the network of dealers and distributors who sell, install and service our products across North America. The products we manufacture require experienced installation services, in many cases involving a professional plumber. As an organization, we do not install or service our products in the field. We rely on our dealers and distributors to do this and we maintain a first-class training program and a dealer/distributor screening and monitoring mechanism to ensure that the installation and after sale support for our products is carried out to the highest possible standard.

Our dealers and distributors run businesses just like we do. They make their money by selling, installing and servicing our products in their respective markets. Since building codes and installation requirements can vary from region to region, our dealers and distributors presence in, and knowledge of, their local markets adds value to the manner in which our products are distributed to their end consumer. Our dealers and distributors are the ultimate caretakers of the consumers experience with our product, and their provision of high caliber installation and responsive after sale support is crucial to maintaining consumer satisfaction with our products and consumer confidence in our brands.

The Internet has become a powerful sales tool; but it is not an appropriate selling mechanism for all classes of products. We have seen significant growth over the past several years of websites, which offer our products for sale to consumers across wide geographic areas. In most cases, these Internet retailers simply sell and ship our product to an end user, with no installation service or after sale support provided. Since there is no qualified dealer handling our product in these situations and ensuring a quality installation, these types of transactions create a risk that our product will be installed improperly by someone who is not qualified.

As an organization, we have embraced the Internet and have invested considerable resources to use this medium to enhance the businesses of our dealers and distributors. However, we do not support the retailing of our products over the Internet in circumstances where qualified installation services and after sale support cannot be guaranteed.

Accordingly, the following is our policy concerning sales of our products over the Internet:

Policy

* No Mountain Plumbing Products distributor or direct dealer is permitted to sell Mountain Plumbing’s products over the Internet without the express written permission of Mountain Plumbing Products. We accept that our dealers and distributors may wish to sell our products over the internet as an ancillary part of their main business and we would generally support this, as long as the manner in which a dealer or distributor sells our products over the internet ensures that sales take place only within the prescribed territories of such dealer or distributor. In addition, we would not support any sale of our products over the Internet by a dealer or a distributor unless such sales are accompanied by qualified installation services and after sale support;

* The sale by a Mountain Plumbing Products distributor or dealer of products requiring installation services to any other person (including an internet retailer) who sells such products over the Internet is prohibited. Sales by Mountain Plumbing Products distributors or dealers to other persons who re-sell over the Internet undermine Mountain Plumbing Products entire distribution network and create significant risks that our products will not be installed properly. Mountain Plumbing Products distributors and dealers should also be aware that any sales by them in contravention of this policy could materially increase their liability in circumstances where a product they supplied to an internet retailer is installed incorrectly and personal injury or property damage results. As a manufacturer, Mountain Plumbing Products invariably ends up a target in these situations, and we carry product liability insurance for this purpose. In any such claim, were it to come to light that the product in question was supplied to an internet retailer by one of our dealers or distributors in contravention of our policy, our insurers would likely take steps to make a third party claim against the dealer or distributor in question;

As noted above, Mountain Plumbing Products regards its distribution network as one of its key assets and the sales, installation and after sale service provided by its distributors and dealers are a fundamental part of ensuring a positive consumer experience with our products. This policy is designed to protect this distribution system, the consumers it serves and the reputation of our products and brands. Any violations of this policy by Mountain Plumbing Products dealers or distributors will be viewed extremely seriously and, in such circumstances, Mountain Plumbing Products will have no choice but to evaluate whether its best interests continue to be served through continued sales of its products through the dealer or distributor in question.