Conditions of Use and Legal Notices
Welcome to the Flowserve Corporation (“Flowserve”) Worldwide website. The information published on Flowserve.com is provided without charge as a convenience to visitors to be used for informational purposes only. If you visit or create user account at Flowserve.com, you accept these terms and conditions. Furthermore, when you use any current or future Flowserve.com services, including Flowserve Websites or Portals accessed through Flowserve.com, or download any Materials, you will be subject to the guidelines and terms and agreements where applicable on Flowserve.com (“Agreement”). If you do not agree to these terms and conditions, do not use Flowserve.com or download any Materials from it. You agree that this Agreement (and if you are a user who has registered on Flowserve.com (“Registered User”), any provisions included in the registration process) is the complete and exclusive statement of the agreement between Flowserve and you, which supercedes any proposal or prior agreement, oral or written, and any other communications between you and Flowserve relating to the subject matter of this Agreement.
While Flowserve has tried to provide accurate information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice to Flowserve.com or the above Agreement. In addition, certain information is provided as of certain dates, and we assume no obligation to update any information contained on this Site. You should visit this page from to time to review the current terms because they are binding on you. Certain provisions of these terms may be superceded by expressly designated legal notices or terms located on particular pages on Flowserve.com. Flowserve may refuse to provide services under Flowserve.com to anyone at any time in its sole discretion.
Flowserve disclaims all liability for the use or interpretation by others of information contained on Flowserve.com. Decisions based on any information contained on Flowserve.com are the sole responsibility of the visitor, and in exchange for using Flowserve.com, the visitor agrees to indemnify and hold Flowserve and its affiliates harmless against any and all claims for damages, loss, cost, liability or expenses (including attorney’s fees) arising from any decisions that the visitor makes based on such information or for any and all actions arising out of or relating to the violations of the Flowserve.com terms and conditions set forth herein as they relate to Flowserve or any third party. The contents of Flowserve.com are not intended to be, and should not be construed as, investment advice. Investors are advised that certain pages of the Flowserve.com include sales and advertising materials that are intended for the Company’s knowledgeable industrial customers and should not be considered for other purposes.
Except as otherwise noted, the text and graphic materials provided on Flowserve.com are copyrighted by Flowserve or one of its affiliates and are protected by worldwide copyright, trademark, trade dress and other intellectual property laws and treaty provisions and may not be copied, reproduced, modified, published, uploaded, posted, transmitted or distributed in any way without prior written consent from Flowserve. Flowserve does, however, permit visitors to make a single copy of information published on Flowserve.com for their personal, noncommercial use or use within the organization that employs them. All brand, product, service and process names appearing on Flowserve.com are trademark’s of Flowserve or their respective holders. The Flowserve trademarks may be used publicly with written permission only from Flowserve. Fair use of the Flowserve trademarks in advertising and promotion of Flowserve products requires proper acknowledgement. Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by Flowserve. The Flowserve name, logos and trademarks may not be otherwise used by the visitors in any manner without the prior written consent of Flowserve.
Any information provided or submitted to Flowserve (such as feedback, data, answers, questions, comments, suggestions or ideas) will be the property of Flowserve, and Flowserve shall not be subject to any obligations of confidentiality regarding any such information. If you do provide or submit any information to Flowserve, you will be warranting to Flowserve that such information is fit for publication and that Flowserve may publish or use that information without liability to you or any other person and without compensation or the requirement to acknowledge its source. You will also be agreeing to indemnify Flowserve and its affiliates if any third party takes any action against them in connection with such information.
When you visit Flowserve.com, other Flowserve sites access through the Flowserve.com Portal with Login, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The contents of the Flowserve worldwide websites are provided “as is,” “as available.” Flowserve and its affiliates disclaim all warranties and representations of any kind, whether express or implied, including but not limited to warranty of title, noninfringement of third-party rights, merchantability, fitness for a particular purpose and freedom from computer virus.
In no event will Flowserve be liable for any damages, including but not limited to direct, indirect, special, incidental or consequential damages, losses or expenses resulting from whatever cause, whether in an action based on contract, negligence, strict liability or otherwise, arising out of or in any way in connection with the use or performance of the information on or accessed through Flowserve.com, even if Flowserve has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion of implied warranties in certain situations, so the foregoing disclaimer may not apply to you, either entirely or in part.
Flowserve.com may be linked to other sites that are not maintained by Flowserve, and Flowserve assumes no responsibility for the content of those sites. The existence of any such link does not imply endorsement by Flowserve of those sites. Any sites accessed via the Flowserve.com Portal, requiring a user to log in via Flowserve.com, will be included in these terms and conditions and any applicable amendments for that site. Certain statements of Flowserve and its management contained on Flowserve.com may include from time to time various forward-looking statements and assumptions about the future condition of the Flowserve markets, operations and results. These statements are based on current expectations and are subject to significant risks and uncertainties. They are made pursuant to safe harbor provisions of the Private Securities Litigation Reform Act of 1995. Among the many factors that could cause actual results to differ materially from the forward-looking statements are: material adverse events in the national financial markets; changes in the already competitive environment for the company's products or competitors' responses to the Flowserve strategies; the company’s ability to integrate past and future acquisitions into its management operations; political risks, military actions or trade embargoes affecting important country markets; the health of the company’s various customer industries, including the petroleum, chemical, power and water industries; economic turmoil in areas outside the United States; global economic growth; unanticipated difficulties or costs associated with new systems, including software; and the recognition of significant expenses associated with adjustments to realign the company's facilities and other capabilities with its strategies and business conditions, including, without limitation, expenses incurred in restructuring the company’s operations and the cost of financing, including increases in interest costs
Certain services offered on or through Flowserve.com require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by us or any other user of Flowserve.com due to someone else using your password or customer account. You may not use anyone else's password or customer account. You may not attempt to gain unauthorized access to Flowserve.com, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. Flowserve reserves the right to refuse service, terminate accounts, remove or edit content, or cancel actions in their sole discretion.
By registering for an account, you are granted a license, not a transfer of title. This license is subject to the restrictions contained herein. You may not use any automatic device, program, or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of Flowserve.com or any content, or in any way reproduce or circumvent the navigational structure or presentation of Flowserve.com or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Flowserve.com. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of Flowserve.com. You may not use any of Flowserve.com or content for the purpose of soliciting, for any product, solution, or service, companies that have listings or content included in Flowserve.com content, or modify the materials or use them for any commercial purpose, or any public display, performance, sale or rental, including, without limitation, posting the Materials on any network computer or broadcasting them in any media. You may not decompile, reverse engineer, or disassemble software materials except and only to the extent permitted by applicable law or remove any copyright or other proprietary notices from the material. You agree to prevent any unauthorized copying of the , materials. Flowserve reserves all rights not expressly granted in this Agreement.
Further as part of your registration obligation, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Flowserve.com Service's registration form (the "Profile Data") and (b) maintain and promptly update the Profile Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Flowserve has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Flowserve has the right to suspend or terminate your account and refuse any and all current or future use of the Flowserve.com Services (or any portion thereof). Flowserve will use the Profile Data and other information known about the user to determine any additional access requests. Flowserve holds the right to grant and deny access of any service including websites, information or other provisioned content to any user. All users will be considered equal and be granted access on a case by case basis.
For users of the Flowserve Flowselex™ Program (Program) you agree that you shall not use the Program for the selection of products manufactured by any company other than Flowserve. You acknowledge the Program is only intended for the preliminary selection of Flowserve products and that Flowserve shall not be liable to the user for the results of such preliminary selection until and unless such selections are confirmed in writing, and in accordance with the Flowserve Worldwide Terms and Conditions by an duly authorized representative of Flowserve. The user agrees to indemnify and hold Flowserve harmless for any and all actions or claims that arise out of the users failure to comply with these terms. The user acknowledges this the use of the Program may be terminated at any time for any reason, without the requirement of prior notice.
Compliance with U.S. Export/Reexport Controls and Economic Sanctions. This website is operated from servers located in the United States. Flowserve makes no representation that its website (or the content and/or materials contained herein) is appropriate or available for use outside the United States. Access to the Flowserve website from territories where its content and/or materials are illegal or restricted is prohibited. If you choose to access the Flowserve website from outside the United States, you do so on your own initiative and you agree that your use of this website will be in full compliance with all relevant and applicable laws and regulations, which shall include but not be limited to, U.S. export/reexport controls and economic sanctions and under no circumstances to support terrorism or nuclear, chemical, biological weapons or missile development, production or proliferation. The information provided on and through this website may be deemed in some cases to be controlled technology and subject to the export/reexport control restrictions of the United States. IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES PERTAINING TO ANY POTENTIAL ACCESS, TRANSFER AND USE OF ANY INFORMATION HEREIN WHICH MAY BE DEEMED TO BE "CONTROLLED" AS DEFINED BY APPLICABLE LAW. In particular, but without limitation, this website (and the materials and content contained herein) may not be accessed or used by, and the materials and/or content may not be exported or reexported to: (a) any country subject to U.S. economic sanctions (currently including Iran, Libya, Cuba, North Korea, the Sudan, and Syria), (b) any party on the U.S. Treasury Department’s list of Specially Designated Nationals, (c) any party on the U.S Department of Commerce’s Denied Persons List, Entity List or Unverified List, or (d) any party on the U.S. State Department’s Debarred Parties List or Nonproliferation Sanctions List (collectively, the “U.S. Prohibited Party Lists”). Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use this website, your access of the website, including, if applicable, the presentment of any authorized user ID and password, constitutes your express representation that the person attempting access thereunder is not located in, under the control of, or a national or resident of any such sanctioned country or on any such U.S. Prohibited Party Lists, and that, if an authorized user, you have not disclosed or provided such password and user ID, as applicable, to any such person for use under your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph, and SUCH USER HEREBY AGREES TO DEFEND, INDEMNIFY AND HOLD FLOWSERVE HARMLESS FROM AND AGAINST ANY AND ALL SUCH DAMAGES AND LIABILITY.
This agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to its rules governing conflicts of law. The parties agree that the exclusive venue for all actions and arbitrations relating in any manner to this agreement shall only be in a Federal or State court of competent jurisdictions located in Dallas County, Texas, U.S.A.
If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement. No action arising out of this Agreement may be brought by you more than two years after the date the cause of action has accrued. You may not assign this Agreement or any of its rights or obligations without the prior written consent of Flowserve, and any such attempted assignment will be void
Nothwithstanding anything else set forth herein, nothing in this Agreement will be deemed to have created a partnership, joint venture, franchise, employment, or any other agency relationship between Flowserve and the Site user. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors, legal representatives and assigns of the parties hereto. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.