Important Messages from Mueller
Terms of Use
Your use of this Site constitutes your agreement and acceptance in their entirety the notices, terms and conditions described herein. Do not use this Site if you do not agree and accept in their entirety the notices, terms, and conditions herein. As a condition of your use of this Site, you represent and warrant to Mueller, Inc. that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Other than this agreement and agreements between you and Mueller, Inc. relating to the sale of products to you, Mueller, Inc. will not enter into any agreement with you or obligation to you through this Site, nor attempt to create such an agreement or obligation.
Use License
Mueller, Inc. grants you permission to view and use this Site and to print individual pages for your own personal use, provided that you agree to and accept in their entirety the notices, terms and conditions described herein. You otherwise agree not to sell, license, rent, modify, distribute, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any materials or content accessible on this Site.
Eligibility
This Site is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Site by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. Mueller, Inc. may terminate your account, delete any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect, or feature of the Site) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Site only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
Privacy
Mueller, Inc. cares about the privacy of our Users. By using the Site, you are consenting to have any personal data you provide transferred to and processed in the United States. Further details are available in Mueller, Inc.'s Privacy Policy.
Security
Mueller, Inc. has implemented commercially reasonable technical and organizational measures designed to secure your personal information and Content from accidental loss and from unauthorized access, use, alteration, or disclosure. Details about such measures are available in Mueller, Inc.'s Privacy Policy. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information and Content for improper purposes. You acknowledge that you provide your personal information at your own risk.
Trademarks
The trademarks, service marks and logos (collectively the "Trademarks") used and displayed on this Site are registered Trademarks of Mueller, Inc. Mueller, Inc. does not grant by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission. The name of Mueller, Inc. may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Mueller, Inc. Mueller, Inc. prohibits use of Mueller, Inc. logo as part of a link to or from any site unless approved in advance by Mueller, Inc. in writing. Fair use of Mueller, Inc.’s Trademarks requires proper acknowledgment. Mueller, Inc. will enforce its intellectual property rights as provided by law.
Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
Product Availability
Mueller, Inc. cannot guarantee the availability of any particular product displayed on this Site. Mueller, Inc. reserves the right to discontinue the availability of any product listed on this Site at any time without notice.
Products offered on this Site may vary by geographic location.
You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to any Mueller, Inc. order.
Mueller, Inc. does not guarantee that any content on this Site is accurate or complete, including product specifications. If Mueller, Inc. discovers errors, they will be corrected. Mueller, Inc. may revoke any stated offer and correct any errors, inaccuracies, or omissions (including existing proposals and orders).
Links to Third Party Sites
Any links on this Site to sites owned or operated by parties other than Mueller, Inc. are provided for reference only, and Mueller, Inc. is not responsible for their content. Links to third party sites do not constitute any sponsorship, affiliation, or association.
Indemnity
You agree to defend, indemnify and hold harmless Mueller, Inc. and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site, including any data or work transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claims or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Site with your unique username, password or other appropriate security code.
NO WARRANTY
MUELLER, INC. PROVIDES THIS SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MUELLER, INC., ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
MUELLER, INC. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT ADVERTISED OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MUELLER, INC. WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MUELLER, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. UNDER NO CIRCUMSTANCES WILL MUELLER, INC. BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUELLER, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MUELLER, INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO MUELLER, INC. HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MUELLER, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Unless otherwise explicitly stated, all materials found on the Site are solely directed to individuals, companies, or other entities located in the U.S.
Contact Information
If you have any questions about this agreement, please call us at 1-877-268-3553, email us at [email protected], go to contact us, or write us at:
Mueller, Inc.
Attention: Webmaster
1915 Hutchins Ave.
Ballinger, TX 76821
Mueller, Inc. will in most circumstances be able to receive your e-mail or other information provided through this Site (including quote requests and other submissions), Mueller, Inc. does not guarantee that it will receive all such e-mail or other information timely and accurately and shall not be legally obligated to read, act on or respond to any such e-mail or other information. Be aware that e-mail is not secure.
User Content
You agree not to post Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that is unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (vii) contains any information or content that you know is not correct and current; (viii) for which you were compensated or granted any consideration by any third party; or (ix) contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree that any Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. You acknowledge that you, not Mueller, Inc., are responsible for the contents of your submission.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
For any Content that you submit, you grant Mueller, Inc. and its authorized agents a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content (including photos and all data contained or appended to the computer file of such photos) that you submit may be used and shared with authorized third-parties at Mueller, Inc.'s sole discretion. Mueller, Inc. reserves the right to change, condense or delete any content on this Site. Mueller, Inc. does not guarantee that you will have any recourse through Mueller, Inc. to edit or delete any content you have submitted. None of the content that you submit shall be subject to any obligation of confidence on the part of Mueller, Inc., its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.
Mueller, Inc. takes no responsibility and assumes no liability for any Content that you or any other User or third parties upload to this Site. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Site, is solely your responsibility. Mueller, Inc. is not responsible for any public display or misuse of your Content. You understand and acknowledge that you may be exposed to Content by other users that is inaccurate, offensive, indecent, or objectionable, and you agree that Mueller, Inc. shall not be liable for any damages you allege to incur as a result of such user Content.
You agree to indemnify and hold Mueller, Inc. (and its officers, directors, agents, subsidiaries, joint ventures, employees, and third-party service providers), harmless from all claims, demands, and damages of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party.
DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”)
Mueller, Inc. will respond to notices of alleged copyright infringement pursuant to the requirements of the DMCA. Content on this Site you believe to infringe on your copyrights may be requested to be removed by providing written notice to Mueller, Inc.’s Webmaster at:
Mueller, Inc.
Attention: Webmaster
1915 Hutchins Ave.
Ballinger, TX 76821
This address should only be used to report allegations of copyright infringement.
Your notice must satisfy the requirements of the DMCA and include the following information:
-
Name, mailing address, and email address of claimant
-
Identify where the allegedly infringing copyrighted material appears (e.g. URL)
-
Identify where the original copyrighted material appears (e.g. URL)
-
A good faith belief statement that the allegedly infringing material identified above is not authorized by the copyright owner, its agent, or the law
-
A statement, made under penalty of perjury, that the information provided is accurate and that claimant is the owner of the copyrighted material or authorized to act on behalf of the owner of the copyrighted material
-
An electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Mueller, Inc. reserves the right to disregard a notice that is unclear or otherwise fails to comply with the DMCA. In the event that Mueller, Inc. determines that a DMCA notice lacks validity, Mueller, Inc. may refuse to remove the complained of content at its discretion. Election by Mueller, Inc. to either remove or leave the complained of content does not constitute a legal decision about the validity of your claim of infringement or the possible defenses to a claim.
Agreement
This Agreement, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Mueller, Inc. without restriction.
General
Governing Law. You agree that: (i) the Service shall be deemed solely based in Texas; and (ii) the Site shall be deemed a passive one that does not give rise to personal jurisdiction over Mueller, Inc., either specific or general, in jurisdictions other than Texas. This Agreement shall be governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. Any claim or dispute between you and Mueller, Inc. that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in Runnels County, Texas.
Notification Procedures. Mueller, Inc. may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Mueller, Inc. in our sole discretion. Mueller, Inc. reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.
Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by Mueller, Inc. via the Site, shall constitute the entire agreement between you and Mueller, Inc. concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Mueller, Inc.'s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Copyrights
This Site and its content are the copyrights of Mueller, Inc. - ©Mueller, Inc. 2018. .
Any redistribution or reproduction of part or all of the Site contents in any form is prohibited, as well as the transmission or storage in any other website or other form of electronic retrieval system without the express written permission of Mueller, Inc.
Revised 4/23/2018