Customer assumes liability for and shall indemnify, protect, save and keep harmless Pigs Unlimited, Inc., its agents and servants from and against all losses, damages, penalties, claims, actions, suits, costs, expenses and disbursements, including legal expenses of any kind and nature imposed upon, without limit, incurred by or asserted against Pigs Unlimited, Inc., in any way relating to or arising out of the use of products described on this website. The indemnities contained in this paragraph shall continue in full force and effect, notwithstanding the date of sale.

Pigs Unlimited, Inc. warrants to customer only that products described on this website is in good working condition upon shipment to customer. Pigs Unlimited, Inc. makes no representation or warranty, express or implied, with respect to the products described on this website, and Pigs Unlimited, Inc. specifically disclaims any warranty of merchantability of fitness for a particular purpose. Customer acknowledges that products are subject to the standard limited warranty of Pigs Unlimited, Inc. and that Pigs Unlimited, Inc. assigns to customer all of its rights and remedies under that warranty to the extent that said warranty is assignable.

THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event will Pigs Unlimited, Inc. be liable for any special, incidental, or consequential damages based on breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Damages that Pigs Unlimited, Inc. will not be responsible for include, but are not limited to, loss of profits, loss of savings or revenue, loss of equipment or any associated equipment, cost of capital, cost of any substitute equipment, facilities, or services, downtime, the claims of third parties, and injury to property.

The provisions of this Agreement are severable, and if any one or more provisions may be determined to be judicially unenforceable, in whole or in part, the remaining provisions shall nevertheless be binding and enforceable. The provisions of this Agreement shall inure to the benefit of and shall be binding on the successors and nominees of both and each Pigs Unlimited, Inc. and customer. If any legal action arises under this Agreement or by reason of any asserted breach of it, the prevailing party shall be entitled to recover all reasonable attorney’s fees, costs and expenses incurred in any associated appeal. The internal laws of the State of Texas shall govern this Agreement. If any provision of this Agreement is invalid under any applicable statute or rule of law, it shall be deemed to be omitted. Venue for any action or proceeding shall be in Harris County, State of Texas. Any notice given pursuant to this Agreement shall be in writing and sent by Registered or Certified U.S. Mail (return receipt requested) to the appropriate address found on this website. Such notice shall be deemed to have been duly given when enclosed in a properly sealed and addressed envelope and deposited (postage and registration or certification fee prepaid) in a post office or branch post office regularly maintained by the U.S. Mail. Either party’s failure to enforce any provision of this Agreement shall not in any way be construed as a waiver of any provision, or prevent that party thereafter from enforcing each and every provision of this Agreement. Unless modified in a writing, signed by both Pigs Unlimited, Inc. and customer, this Agreement is understood to be the complete and exclusive agreement between the parties, superseding all oral or written prior agreements and all other communications between the parties relating to the subject matter of this Agreement, including statements made by salespersons. No employee or agent of Pigs Unlimited, Inc. or any other party is authorized to make any warranty in addition to those made in this Agreement. Customer is warned, therefore, to check this Agreement carefully to see that it correctly reflects those terms that are important to customer. Customer acknowledges that customer has read this Agreement, understands it, has purchase authority, and is bound by its terms.

LEGAL INFORMATION REGARDING WEBSITE

This Web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Web site may contain technical inaccuracies or typographical errors.

Information may be changed or updated without notice. Pigs Unlimited, Inc. may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

Pigs Unlimited, Inc. does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to Pigs Unlimited, Inc. will be deemed NOT to be confidential. By sending Pigs Unlimited, Inc. any information or material, you grant Pigs Unlimited, Inc. an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Pigs Unlimited, Inc. is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. You can learn more about Pigs Unlimited, Inc. privacy practices on the Web.