TERMS OF USE

These Terms of Use apply to the website located at http://www.wixfilters.com, and all associated websites (including download websites) that are hosted by or maintained by MANN+HUMMEL Filtration Technology US LLC (collectively, the "Website"). The Website is the property of MANN+HUMMEL Filtration Technology US LLC dba Wixfilters ("Wixfilters"). BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE. Wixfilters may amend these Terms of Use and/or our Privacy Policy from time to time by posting the amended Terms of Use and/or Privacy Policy on this Website. Any amendments to these Terms of Use and/or the Privacy Policy shall be effective immediately on posting. Your continued use of the Website following posting of amended Terms of Use and/or Privacy Policy constitutes your acceptance of the posted amendment.

Privacy

We are firmly committed to protecting the privacy of our users.

Use of Materials

All material on the Website, including, without limitation, all text, data, data sheets, catalogs, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, music, artwork, files, documents, images, software code or other materials (collectively, the "Materials"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Materials contained on the Website are owned by Wixfilters or other parties that have licensed their material Wixfilters, and are protected by copyright, trademark, and other intellectual property and unfair competition laws. Wixfilters disclaims any proprietary interest in copyrights, trademarks, service marks, logos, slogans, domain names and trade names other than its own.

Except as expressly provided in these Terms of Use, no part of the Website and no Materials may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Wixfilters' express prior written consent. You may not use any data mining, robots, or similar data gathering and extraction tools on the Materials, frame any portion of the Website or Materials, or circumvent any mechanisms included in the Materials for preventing the unauthorized reproduction or distribution of the Materials.

We grant you a limited, non-exclusive right to access and make personal use of the Website. You are not permitted to download (other than page caching) or modify the Website, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Website or any of its Materials, or any collection and use of any product listings, descriptions, or prices; the making of any derivative works based on this Website or its Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. Any unauthorized use automatically terminates the permission granted by us.

The Website design and all Materials and information displayed on or that can be downloaded from the Website are either the property of, or used with permission by Wixfilters, or our other service providers and suppliers and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such Materials. We and the party or parties that provided such information and Materials retain all right, title, and interest in the information and Materials. Accordingly, such information and Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without our prior written consent. In any event, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, or service mark, or any proprietary notice or legend appearing on any of the Materials. Modification or use of any Materials except as expressly provided in these Terms of Use violates our intellectual property rights or the intellectual property rights of third parties. Neither title nor intellectual property rights are transferred to you via access to our Website. You may not modify the information or Materials located on the Website in any way or reproduce or publicly display, perform, or distribute or otherwise use any such Materials for any public or commercial purpose. Any unauthorized use of any such information or Materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.

All rights not expressly granted in these Terms of Use by Wixfilters are reserved by Wixfilters and/or its licensors.

Wixfilters Trademarks

The names and marks WIX®, AQUACHECK®, ecoLAST®, POWERTRAP®, ED® and XD® in word and logo forms are trademarks and service marks owned and registered by Wixfilters. All other trademarks and service marks that you may see on our Website or in e-mail communications are the property of their respective owners. You are not authorized to use any Wixfilters name, trade name, service mark, or service mark without the prior written consent of Wixfilters. Requests for authorization should be sent to Jennifer.Gibson@mann-hummel.com.

Links to Other Websites

Wixfilters is not necessarily affiliated with websites that may be linked to the Website (“Linked Websites”). The Linked Websites are not under the control of Wixfilters and Wixfilters is not responsible for the content of any linked Website or any link contained in a linked Website. Wixfilters reserves the right to terminate any link or linking program at any time. Wixfilters does not endorse or approve companies or products to which it links and reserves the right to note as such on its Website. If you decide to access any of the Linked Websites, you assume sole responsibility for use of any Linked Website and do so entirely at your own risk.

Materials and Warranty Disclaimer

YOUR USE OF THE WEBSITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE. THE MATERIALS AND SERVICES THAT APPEAR ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES.

THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

LIMITATION OF LIABILITY

Neither we nor any of our affiliates assume any responsibility, and shall not be liable for, any damages to, or viruses or other malware that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing the Website or your downloading of any materials, from the Website. IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE CONTENT, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE.

Indemnity

You agree to indemnify and hold Wixfilters, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the "Indemnified Parties") harmless from any breach of these Terms of Use by you, including any use of Materials other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to pay any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You also agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information, Materials and services accessed from our Website.

Right to Discontinue or Change Website or Materials

Materials on the Website may include technical inaccuracies or typographical errors. Wixfilters may make improvements and/or changes in the services and/or programs described in the Materials at any time without notice. Wixfilters reserves the right to modify or discontinue this Website, any Materials, and or any portion thereof without notice to you or any third party.

Security

You are prohibited from using any services or facilities provided in connection with our Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Wixfilters reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. Wixfilters reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Wixfilters to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND AGREE TO HOLD HARMLESS WIXFILTERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WIXFILTERS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WIXFILTERS OR LAW ENFORCEMENT AUTHORITIES.

CHOICE OF LAW, JURISDICTION

These Terms of Use supersede any other agreement between you and Wixfilters to the extent necessary to resolve any inconsistency or ambiguity between them. The Website is administered by Wixfilters from its offices in North Carolina. These Terms of Use will be governed by and construed in accordance with the laws of the State of North Carolina. Any action seeking legal or equitable relief arising out of or relating to the Website shall be brought only in the courts of the State of North Carolina or the United States District Court for the Western District of North Carolina. A printed version of these Terms of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Linking to the Website

Creating or maintaining any link from another website to any page on the Website without our prior written permission is prohibited. Running or displaying the Website or any material displayed on the Website in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to the Website must comply will all applicable laws, rules and regulations.

Additional Assistance

If you do not understand any of the Terms of Use or if you have any questions or comments, we invite you to call customer service at 1-704-864-6748.