Terms of Access
Welcome to the Tapco Genuine Parts Center Customer Portal owned and operated by Elias Industries, Inc. (“Elias Industries,” “we” or “us”). The Tapco Genuine Parts Center Customer Portal Platform, with all the content, software, and functionality offered, are collectively referred to as the “Tapco Portal Platform” in these Terms of Access.
The Tapco Portal Platform offers plumbing repair parts to plumbing supply industry. We make the Tapco Portal Platform available to you subject to your agreement to these Terms of Access. The purchase of products available through the Tapco Portal Platform is subject to additional Terms and Conditions. You should review those terms and conditions before making a purchase. These Terms of Access (including all documents, policies, conditions and notices) referenced in these Terms of Access) are collectively referred to as the “Agreement.” In this Agreement, the words “include” and “including” will not be construed as terms of limitation.
The Agreement is a legally binding contract between you and Elias Industries. By accessing the Tapco Portal Platform in any way, including, without limitation, browsing the Tapco Portal Platform, using any information contained on or in the Tapco Portal Platform, creating a User Account (defined below), and/or submitting information to Elias Industries, you agree to and are bound by this Agreement, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Pennsylvania law.
1. Updates to the Agreement
From time to time, Elias Industries may update the Agreement. If we materially update any portion of the Agreement, we will notify you by posting a revised Agreement through email or a notice on our website before the date the update becomes effective. We will also post the updated Agreement in its original location marked with the new date. Changes will not be retroactive. If you object to any changes, you should not access or use the Tapco Portal. Your continued access or use of the Tapco Portal Platform after we publish our changes to the Agreement means that you are consenting to the updated terms.
By accessing or linking to the Tapco Portal Platform, you assume the risk that the information on the Tapco Portal Platform may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. Elias Industries may add, change, discontinue, remove or suspend any of the information, features and other content included in the Tapco Portal Platform at any time, without notice and without liability. Due to the open nature of the Tapco Portal Platform, and the potential for errors in the storage and transmission of digital information, Elias Industries does not warrant the accuracy of information contained on or obtained from the Tapco Portal Platform.
2. Tapco Portal
A. Your Right to Use Tapco Portal
Elias Industries grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable license to access and make use of the Tapco Portal Platform solely for legitimate business purposes, and as permitted by the features and functionalities of the Tapco Portal Platform, subject to this Agreement. Any access or attempt to access other areas of Tapco Portal Platform or any Elias Industries systems or other information contained on the Tapco Portal Platform or Elias Industries systems for any other purposes is strictly prohibited.
You will not (i) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Tapco Portal Platform, or on any materials printed or copied from the Tapco Portal Platform; or (ii) dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of Tapco Portal Platform, registering and/or using Elias Industries or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Elias Industries domains, trademarks, taglines or promotional campaigns.
You may use the Tapco Portal Platform only if you can form a binding contract with Elias Industries, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Tapco Portal Platform by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement.
C. User Accounts
In order to use certain features on the Tapco Portal Platform, such as viewing your past orders or saved searches, you will need to register and create an account on the Tapco Portal Platform (your “User Account”).
The Tapco Portal Platform may only be used by the employees of the Customer and (i) where the Customer is a company, the Customer's officers; (ii) where the Customer is a partnership, the Customer's partners; and (iii) where the Customer is a limited liability partnership, the Customer's members
The Customer shall use all reasonable endeavors to ensure that no unauthorized person will or could access the Tapco Portal Platform using the Customer's account
When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Elias Industries immediately of any breach of security or unauthorized use of your User Account. Elias Industries will not be liable for any losses caused by any unauthorized use of your User Account.
By providing Elias Industries your email address you consent to our using the email address to send you service-related notices relating to the Tapco Portal Platform, including any notices required by law or regarding updates to the Agreement, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Tapco Portal.
D. Availability of Tapco Portal Platform
Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the Tapco Portal Platform and are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control. We may temporarily restrict the availability of the Tapco Portal Platform or certain areas or features thereof with or without notice. We may from time to time change, discontinue, enhance and modify the Tapco Portal Platform and introduce new features or functionality from time to time. You agree that you do not have any rights in the Tapco Portal Platform and that Elias Industries will have no liability to you if the Tapco Portal Platform is discontinued or your ability to access the Tapco Portal Platform or any content you may have posted on the Tapco Portal Platform is terminated.
E. Hypertext Links
The Tapco Portal Platform may be linked to other sites that are not maintained by Elias Industries. Elias Industries is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Elias Industries of the linked sites. Elias Industries disclaims any and all liability for links: (i) from another site to the Tapco Portal Platform, and (ii) to another site from the Tapco Portal Platform.
3. Use of and Responsibility for Content
A. Tapco Portal Content
Content on the Tapco Portal Platform that is provided by Elias Industries or its licensors, including pricing, inventory quantity, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, program names, slogans, and the compilation of the foregoing ("Tapco Portal Content") is the property of Elias Industries or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
Except as explicitly provided herein, nothing in the Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license download, screenshot, rent, modify, distribute, copy, reproduce, transmit, display to third parties, publicly perform, publish, adapt, edit or create derivative works from any Tapco Portal Content.
B. Third-Party Technology, Websites and Applications
The Tapco Portal Platform may include third-party technology, services, software, applications, and links to third-party websites (“Technology”). Elias Industries is not responsible for the practices or policies of such third parties, nor the content of any third-party website or application, and does not make any representation regarding third-party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third-party website or application, you do so at your own risk.
To the extent applicable, your use of such third-party Technology is subject to this Agreement as well as the additional terms and conditions as Elias Industries may provide to you from time to time.
4. ACCEPTABLE USE OF THE TAPCO PORTAL
Your permission to use the Tapco Portal Platform is contingent on your compliance with all applicable law, in addition to the following rules:
A. Harm to Others.
You will not engage in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the Tapco Portal Platform or exposes or may expose any users or visitors to the Tapco Portal Platform to any harm or liability of any sort, whether by posting User Content or otherwise, including by (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or disguising the origin of any posting that you submit; (ii) threatening, stalking, harming, or harassing others, or promoting bigotry or discrimination; (iii) discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (iv) engaging in any unlawful, tortious, threatening, defamatory, libelous, obscene, violent, harmful, abusive or disruptive behavior; or (v) violating, infringing or invading anyone else’s rights, including posting any User Content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential.
B. Unauthorized Use of Tapco Portal Content
You will not download, display, or use any Tapco Portal Content: (i) for use in any publications or on websites or applications other than the Tapco Portal; (ii) for any unpermitted commercial purpose; (iii) in connection with products or services that are not those of Elias Industries; or (iv) in any other manner that is likely to cause confusion, that disparages or discredits Elias Industries and/or its licensors, or that dilutes the strength of Elias Industries or its licensor's intellectual property, or that otherwise violates, infringes or misappropriates Elias Industries or its licensors’ intellectual property rights or proprietary rights or constitutes any other misuse of Tapco Portal Content. Use of the Tapco Portal Content for any purpose not expressly permitted by the Agreement is strictly prohibited.
C. Harm to Our Systems, Property and Security
When using the Tapco Portal Platform, you will not: (i) use any electronic communication feature of the Tapco Portal Platform for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (ii) retrieve, index, scrape, data mine or otherwise gather any Tapco Portal Content, Tapco Portal Platform, or other data, content or materials (including through use of any robot, spider, screen scraping, web harvesting, data extraction, or similar software or technologies); (iii) upload, post, reproduce, or distribute any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (iv) collect or store personal information about other users; (v) use the Tapco Portal for any commercial transactions that are unrelated to the purposes for which the Tapco Portal was provided; (vi) provide user login credentials and password to anyone outside the employ of user; and (vii) upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality or operation of the Tapco Portal, any feature of the Tapco Portal, or any computer software or hardware or telecommunications equipment.
A. Intellectual Property Rights
Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you have in User Content, except that you irrevocably waive, and cause to be waived, against Elias Industries, our affiliates and other users, any claims and assertions of moral rights or attribution with respect to User Content. As between you and Elias Industries, we (or our licensors) own the Tapco Portal Platform, and the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with Elias Industries and the Tapco Portal, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. Except as expressly provided in the Agreement, we do not grant you any express or implied rights in the Tapco Portal Platform. You understand and agree that you have no ownership rights in the User Account or any other account you may have with Elias Industries or other access to the Tapco Portal Platform or features therein.
Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the Tapco Portal Platform or third-party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.
Elias Industries may terminate or suspend your User Account and delete all User Content associated with your User Account at any time, and without notice, if Elias Industries deems that you have violated this Agreement, the law, or for any other reason. In such event, you may not register a new User Account or access and use the Tapco Portal Platform through a User Account of another user. Elias Industries assumes no liability for any information removed from the Tapco Portal Platform, and reserves the right to permanently restrict access to the Tapco Portal Platform. The sections of this Agreement entitled “Indemnification,” “Representations and Limitations of Liability,” “Privacy and Security,” “Miscellaneous,” and any other terms which by their nature survive termination (e.g., “Trademarks”) shall survive the termination of this Agreement.
You agree to indemnify, defend and hold Elias Industries, its parents, affiliates, subsidiaries, officers, employees, and subcontractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of the Terms or which arises from the use of User Content you submitted, posted, or otherwise provided to Elias Industries or the Tapco Portal Platform.
8. REPRESENTATIONS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS ELIAS INDUSTRIES’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE TAPCO PORTAL, THE TAPCO PORTAL CONTENT, USER CONTENT, OR ANY OTHER TAPCO PORTAL PLATFORM FEATURE OR FUNCTION. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE TAPCO PORTAL. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
ELIAS INDUSTRIES MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OR FUNCTIONS OF THE TAPCO PORTAL PLATFORM, THE TAPCO PORTAL CONTENT, USER CONTENT, OR ANY OTHER TAPCO PORTAL PLATFORM FEATURE OR FUNCTION, AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK. ELIAS INDUSTRIES MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR USER CONTENT WILL BE PRESERVED. ELIAS INDUSTRIES DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH USE OR RELIANCE. YOU SHALL NOT CREATE OR DISTRIBUTE INFORMATION, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PRESS RELEASES OR OTHER MARKETING MATERIALS, OR INCLUDE LINKS TO ANY SITES WHICH CONTAIN OR SUGGEST AN ENDORSEMENT BY ELIAS INDUSTRIES WITHOUT THE PRIOR REVIEW AND WRITTEN APPROVAL OF ELIAS INDUSTRIES. YOU ARE RESPONSIBLE FOR ENSURING THAT ALL PRODUCTS YOU FIND THROUGH THE VISUAL SEARCH FUNCTIONALITY MEET YOUR REQUIREMENTS, AND WE WILL NOT BE RESPONSIBLE TO YOU FOR ANY LOSSES YOU OR SOMEONE ELSE WHO MIGHT SUFFER AS A RESULT OF YOUR USE OF THE VISUAL SEARCH FUNCTIONALITY, INCLUDING IF YOU BUY ANY PRODUCTS FOUND THROUGH THE VISUAL SEARCH FUNCTIONALITY THAT ARE MISMATCHED, MISDESCRIBED OR UNSUITABLE FOR YOUR NEEDS.
THE TAPCO PORTAL PLATFORM IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE TAPCO PORTAL PLATFORM OR ANY INFORMATION OR TECHNOLOGY THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ELIAS INDUSTRIES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE TAPCO PORTAL PLATFORM, NOR SHALL ELIAS INDUSTRIES OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND ELIAS INDUSTRIES’S OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE TAPCO PORTAL'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL ELIAS INDUSTRIES’S, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND OTHER RIGHTS MAY BE AVAILABLE.
9. Privacy and Security
The Agreement will be governed by and construed in accordance with the laws of Pennsylvania without regard to conflicts of laws principles. By using the Tapco Portal Platform, you hereby agree that any and all disputes regarding the Agreement will be subject to the courts located in Pittsburgh, PA or the federal courts for the Western District of Pennsylvania. The Agreement operates to the fullest extent permissible by law. Accessing materials on the Tapco Portal Platform by certain persons in certain countries may not be lawful, and Elias Industries makes no representation that materials on the Tapco Portal Platform are appropriate or available for use in locations outside the United States. If you choose to access the Tapco Portal Platform from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
If Elias Industries fails to act with respect to your breach or anyone else's breach on any occasion, Elias Industries is not waiving its right to act with respect to future or similar breaches.
If any provision of the Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
Last Updated: July 8, 2021