CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. WE ARE NOT RESPONSIBLE FOR THE OPERATION OF YOUR INTERNET BROWSER SOFTWARE OR INTERNET SERVICE PROVIDER CONNECTION. WE ARE PROVIDING A WEB PRICING SYSTEM ONLY. USE OF THE SYSTEM PROVIDED UNDER THE FOLLOWING AGREEMENT CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SYSTEM. CALL VAUGHEN’S PRICE PUBLISHING COMPANY AT (800) 828-4436 FOR A FULL REFUND.

DEFINITIONS. The following definitions apply to the terms as they appear in this agreement.

• "Vaughen’s" or "We" refers to Vaughen’s Price Publishing Company, Inc.
• "You" and "Your" refers to any person or entity that acquires or uses this package.
• "System" refers to the web site, www.Vaughens.com, and its accompanying services, including the pricing, cost, labor hour, classified ads, and reference information made available to you by this agreement.

GRANT OF LICENSE. Vaughen’s grants you a non-exclusive license to access and to use the System according to the terms set forth below. You may access the System by using a designated password on a single computer. This password may be used by only one person at a time. You are prohibited from using the password on more than one computer at the same time. You may choose to purchase additional passwords.

TERM OF LICENSE. The non-exclusive license to use the System will begin within four (4) weeks after the date of your purchase and will continue for a period of 15 months, after which time you will be denied further access to the System if your account is not paid in full.

LIMITATIONS OF USE. Vaughen’s System is compiled to help you evaluate and set your own prices and productivity standards, and should be used for that purpose. As prices and hours for repairs of motors and pumps vary across the country, the System cannot take the place of your own pricing and hourly standards. You should determine your own adjustment factors to use with National Average Prices and National Average Hourly Standards. Your prices and adjustment factors should be based on your good business judgment and a knowledge of: (1) your own costs and (2) the competitive price level in your area (gained through competitive bidding and not through any discussion between competitors). YOU CANNOT LEGALLY USE THE SYSTEM OR ANYTHING ELSE AS A BASIS TO SET PRICES WITH A COMPETITOR. PRICE FIXING IS A VIOLATION OF THE ANTITRUST LAWS OF THE UNITED STATES OF AMERICA AND CANADA, WHICH CARRIES CIVIL AND CRIMINAL PENALTIES, AND MUST BE AVOIDED.

COPYRIGHT. The System is protected by United States copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the System is transferred to you. You further acknowledge that title and full ownership rights will remain the exclusive property of Vaughen’s, and that you will not acquire any rights to the System except as expressly set forth in this license. You may not copy the System or any part thereof.

OTHER RESTRICTIONS. You may not sell, sub-license, lend, rent, lease, or transfer your license to any third party. You may not modify the System or merge it with another program except for your personal use. You may not copy, reverse engineer, disassemble, decompile, or make any attempt to use the source code of the System in any manner.

LIMITED WARRANTY. Vaughen’s warrants that the System will be substantially free from defects in materials and workmanship for a period of ninety (90) days from the date of delivery to you. Vaughen’s also warrants that the System will perform substantially in accordance with the accompanying written materials for a period of 90 days from the delivery date when used as directed. Any implied warranties on the System are limited to 90 days. Some states do not allow limitations of duration of an implied warranty, so the above limitation may not apply to you.

Vaughen’s does not warrant that the System will meet your requirements, be uninterrupted during use, or be free from bugs, errors or omissions. YOU ARE RESPONSIBLE FOR CHECKING THE ACCURACY OF ALL DATA AND CALCULATIONS.

CUSTOMER REMEDIES AND THIRD PARTY CONTENT. If the System fails to comply with the warranties set forth above, Vaughen’s entire liability and your exclusive remedy shall be a return of the price paid. This Limited Warranty is void if System failure results from accident, abuse, or misapplication. Any opinions, services, offers, or other information expressed in the site by any third party are those of the respective author(s) or distributor(s) and not of Vaughens.com. Your use of and browsing of the site is at your risk. If you are dissatisfied with any of the materials contained in the site, or with any of these terms, your sole and exclusive remedy is to discontinue accessing and using the site.

NO OTHER WARRANTIES. THE SYSTEM AND SYSTEM INFORMATION IS PROVIDED "AS IS" AND "WITH ALL FAULTS." THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN THE SYSTEM. THERE IS NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR USE, AND NO OTHER WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, REGARDING THE SYSTEM. ACCORDINGLY, THE ENTIRE RISK AS TO THE ACCURACY, TIMELINESS, AND COMPLETENESS OF THE SYSTEM IS ASSUMED BY YOU.

NO LIABILITY OR CONSEQUENTIAL DAMAGES. IN NO EVENT WILL VAUGHEN’S BE LIABLE TO YOU OR ANYONE ELSE FOR LOST PROFITS, LOST DATA, OR OTHER CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES, EVEN IF SUCH DAMAGES OR LOSSES RESULT FROM A BREACH OF ANY WARRANTY. YOU AGREE THAT YOU WILL HAVE SOLE AND COMPLETE RESPONSIBILITY FOR ANY DECISIONS MADE OR ANY ACTIONS TAKEN BY YOU IN RELIANCE UPON THE SYSTEM INFORMATION. YOU AGREE THAT THE LIABILITY OF VAUGHEN’S, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SYSTEM WILL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SYSTEM. Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.

REGISTRATION. Certain sections of the System require you to register. If registration is requested, you agree to provide Vaughen’s with accurate, complete registration information. It is your responsibility to inform Vaughen’s of any changes to that registration information.

HYPERTEXT LINKS. This system may provide links to other web sites that are not maintained by Vaughen’s. Vaughen’s is not responsible for the content of those sites. The inclusion of any link to such a site does not imply endorsement, sponsorship, or recommendation by Vaughen’s of the site. Vaughen’s disclaims any liability for links: 1) from another web site to Vaughens.com, and 2) to another web site from Vaughens.com.

US GOVERNMENT RESTRICTED RIGHTS. The System is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restriction as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer System clause at DFAR 252.227-7013. Contract/Manufacturer is Vaughen’s Price Publishing Co., 9400 McKnight Road, Suite 203, Pittsburgh, PA 15237.

GOVERNING LAW. The laws of the Commonwealth of Pennsylvania govern this Agreement without giving effect to the principles of conflicts of law. If any provision of this License Agreement should be unlawful, void, or for any reason unenforceable, then that provision would be severable from these terms and would not affect the validity and enforceability of any remaining provisions. In any dispute regarding to, or arising from this License Agreement, venue and jurisdiction of such dispute shall be in the State courts located in Allegheny County, Pennsylvania, and the United States federal courts located in the United States District Court for the Western District of Pennsylvania.

Should you have any questions concerning this Agreement, please write: Vaughen’s, 9400 McKnight Road, Suite 203, Pittsburgh, PA 15237.

Vaughen's Privacy Policy

OVERVIEW. Vaughen's is aware of the need to address Internet privacy issues, and we believe you should be aware of how we intend to treat any information about you that we might receive on the Internet as a result of your visiting Vaughens.com.

INFORMATION ABOUT VAUGHENS.COM ONLINE VISITORS. Web users may visit specific areas of Vaughens.com without telling Vaughen’s who they are or revealing any identifying information about themselves. Vaughens.com collects various types of information from site visitors and from subscribers who use Vaughens.com. The information collected may include address information and credit card number/expiration date, pricing levels and multipliers, billing and cost rates, etc. Vaughen’s will maintain this information in the strictest confidence.

The Vaughens.com web server also collects general data pertaining to every site visitor, including the IP address, domain name, web page, length of time spent on site, and pages accessed while visiting. This information is collected primarily to aggregate statistical information, facilitate system administration, and improve site content. Vaughens.com may also retain the content of communications sent to Vaughens.com customer services representatives, as this content helps Vaughens.com respond to and act upon visitors’ inquiries regarding site use.

SECURITY. Vaughen’s places the utmost importance on protecting information transmitted via the site and will take security precautions to protect all such information. However, Vaughen’s cannot guarantee that any electronic commerce is totally secure; therefore, the user assumes all risk of loss, misuse and/or alteration of any information transmitted by the user to Vaughen.com by any third party. Vaughen’s will take measures to secure and protect all customer-specific information from loss, misuse, and alteration.

USE OF COLLECTED INFORMATION. Vaughens.com uses the information collected from the site primarily to better serve its customers. In general, we gather information about site users collectively to determine, for example, which areas users access most frequently. Such gathered information may be used to improve and update our products, or to notify visitors of site changes, of new products made available via the site, and of any other lawful business purposes. Information relating to site activity is collected, logged, and analyzed via an offsite service. Collected information helps Vaughen’s determine what is most beneficial for our users so that we may continually improve site organization and content to enhance our users’ overall experience. Vaughen’s shall not disclose, provide, rent, sell, lease, or share any information regarding the user collected by Vaughen’s through user’s use of Vaughens.com to any third party, except with the express written consent of user or as provided herein. Vaughen’s may release such information concerning users only when such release is reasonably necessary to (i) comply with law; (ii) comply with subpoena or order of court validly issued by a court competent jurisdiction; (iii) enforce or apply the terms and conditions of the License Agreement; and, (iv) protect the rights, property, or safety of Vaughen’s.

COOKIES. A cookie is a small file that a web site sends to your browser and stores on your computer to give you a unique ID. Cookies make it easier for you to use Vaughens.com and they help Vaughen’s provide you with the information you need – when and where you need it. Vaughens.com’s use of cookies enables us to better serve you each time you return to our site. Cookies provided by our web site do not contain any credit card or personal information. Vaughens.com does not know who you are unless you voluntarily provide identifying information. Vaughens.com uses cookies to facilitate log-in and recognize past customers so the site may present more personalized content. Vaughens.com does not use cookies to personally identify anonymous site visitors. Visitors may set their browsers to send a notification when a cookie is being used so that visitors may decide whether or not to accept the cookie.

INTERNATIONAL USERS. The site is administered by Vaughen’s from its office in the United States. Information provided by the site may refer to products, programs, or services that are not available in your country. Vaughen’s makes no representation that the site’s information is appropriate or available for use in other locations outside of the United States and Canada; accessing the site’s information from territories where its contents are illegal is prohibited. You may not use the site or export information in violation of the export laws of the United States or any other country. If you access the site from a location outside of the United States, you are responsible for compliance with all applicable laws.

GOVERNING LAW. These terms shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to the principles of conflicts of law. If any provision of this Agreement’s terms should be unlawful, void, or for any reason unenforceable, then that provision would be severable from these terms and would not affect the validity and enforceability of any remaining provisions. In any dispute regarding to or arising from this Privacy Policy, venue and jurisdiction of such dispute shall be in the State courts located in Allegheny County, Pennsylvania, and the United States federal courts located in the United States District Court for the Western District of Pennsylvania.

These terms constitute the entire agreement between Vaughen’s and you, the user, with respect to your use of the site. Any cause of action you may have with respect to your use of the site must be commenced within three (3) months after the claim or cause of action arises.

Vaughen's Classified Page Policy

VAUGHEN'S RESPONSIBILITY. Vaughen’s does not accept any responsibility or liability for the condition of any motors, pumps, equipment or businesses listed for sale on Vaughens.com and purchased from listings on the Classified page of Vaughens.com by the user. No warranty of merchantability or fitness for a particular purpose is either implied or given and the user is urged to use reasonable care in connection with vendors listing pumps, motors, equipment or businesses for sale on Vaughens.com.

ENDORSEMENT. Vaughen’s does not endorse any particular supplier of goods or services or any employer; and Vaughen’s shall not be liable or responsible for any loss, damage claim or expense (including attorney’s fees) resulting from any transaction between any supplier or employer posting a listing on Vaughens.com and the user.

ACCURACY. The listings on the Classified pages of Vaughens.com are submitted by others not associated with Vaughen’s. Vaughen’s has not verified the accuracy of the information contained in the listings contained on the Classified page of Vaughens.com and makes no warranty, express or implied, concerning the information contained in this service and expressly disclaims any warranty of accuracy, completeness, merchantability and fitness for a particular use.

CONDITIONS OF SALE. The user is responsible for verifying all conditions of sale and identifying and verifying the scope and limits of warranties directly with the seller. The accuracy, completeness, and timeliness of all information provided is the sole responsibility of the seller who provides that information. Prices, product availability, and scopes of warranties must be confirmed between the user and the seller.

EQUIPMENT CONDITION. The equipment conditions are as specified by EASA on page 58 of the 2000 – 2001 yearbook.

USE OF INFORMATION. Your use of the Classified page of Vaughens.com and all information, products and services made available through the Classified page of Vaughens.com is at your own risk. You agree that Vaughen’s shall not be liable for any special, indirect, incidental, consequential or punitive damages or any other damages whatsoever arising out of your use of the Classified pages of Vaughens.com or of any information, products or services listed on the Classified pages of Vaughens.com, whether based on contractual, statutory, tort or other grounds. Vaughen’s disclaims any responsibility for any actions taken as a result of the information displayed on the Classified pages of Vaughens.com.

GOVERNING LAW. These terms shall be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to the principles of conflicts of law. If any provision of this Agreement’s terms should be unlawful, void, or for any reason unenforceable, then that provision would be severable from these terms and would not affect the validity and enforceability of any remaining provisions. In any dispute regarding to or arising from these terms, venue and jurisdiction of such dispute shall be in the State courts located in Allegheny County, Pennsylvania, and the United States federal courts located in the United States District Court for the Western District of Pennsylvania.