Terms and Conditions
Thank you for visiting this website (“Site”) offered to you by National Boiler, Inc., its affiliates and/or subsidiaries (“National Boiler”). Your use of this Site is conditioned upon your acceptance, without modification, of the terms, conditions, and notices contained herein. National Boiler reserves the right to change, modify or alter any such terms, conditions, and notices applicable to the Site at any time.
Intellectual Property and Use of Site
Unless otherwise noted, all materials and information, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, software, content, specifications, catalogs, advertisements, and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by National Boiler. The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with National Boiler or to purchase National Boiler products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of National Boiler is strictly prohibited.
Harassment in any manner or form on the Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a National Boiler employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you represent and warrant to National Boiler that you will not use the Site or any of the Content for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use the Site in any manner which could damage or disparage National Boiler, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Product, Service and Technical Information on the Site
Unless indicated otherwise, most products and services featured on the Site are available directly from or through National Boiler. National Boiler has made a conscientious effort to display and describe the products, services and technical information available on the Site accurately and completely. However, the detail and accuracy of the image and specifications of products that you see as a visitor to the Site will depend on a number of things, including your computer equipment and Internet connections. Furthermore, National Boiler is constantly improving its products and services in response to the latest technological advancements. Consequently, National Boiler cannot and does not guarantee that the product images, specifications, services or technical information displayed or described to you on its Site are or will remain accurate in every detail.
Links to Other Sites
This Site may contain links to outside services and resources. You acknowledge that (A) National Boiler is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B) National Boiler is not responsible for any other form of transmission received from any linked site. National Boiler may provide links to you only as a convenience, and the inclusion of any link does not imply endorsement by National Boiler of the site. Any concerns regarding any such link should be directed to the particular third-party website.
USER GENERATED CONTENT
By posting, distributing, sending or displaying any comment, message (including e-mail), data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to National Boiler a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant National Boiler and its sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Terms and Conditions of Use and will not violate any rights of, or cause injury to, any person or entity. You further grant National Boiler the right to pursue at law any person or entity that violates your or National Boiler’s rights in the User Generated Content by a breach of these Conditions.
User Generated Content submitted by users is deemed non-confidential and National Boiler is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, National Boiler reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. National Boiler is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by National Boiler or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release National Boiler from any claims that you could otherwise assert against National Boiler by virtue of any moral rights.
The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third-parties may post content, messages, materials or other items on the Site (the “Interactive Areas”). If National Boiler provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:
Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Material that promotes illegal drug use, or tobacco use;
Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Material that uses the names or likenesses of persons living or dead without their permission or thatimpersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited advertising or links to other commercial sites;
Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;
Material that communicates messages inconsistent with the positive good will of National Boiler; or
Material that, in the sole judgment of National Boiler, is objectionable, or which may expose National Boiler or its users to any harm.
National Boiler takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third-party, or for any loss or damage thereto, nor shall National Boiler be held liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, National Boiler is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although National Boiler has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, National Boiler reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site. Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.
Anything that you submit or post to the Site and/or provide National Boiler, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as non-confidential and non-proprietary, and National Boiler shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of National Boiler and shall not be returned to you. National Boiler shall be under no obligation (A) to pay any compensation for any Comments, or (B) to respond to any Comments.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. National Boiler MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE CONTENT CONTAINED ON THE SITE FOR ANY PURPOSE. ALL CONTENT PROVIDED ON THE SITE IS PROVIDED "AS-IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. National Boiler HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENT AND THIS SITE INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL National Boiler BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR DAMAGES RESULTING FROM LOSS OF USE OF DATA, OR PROFITS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, FOR ANY CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH THESE TERMS AND CONDITIONS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Copyrights and Trademarks
All content of the Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of National Boiler. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to National Boiler, or other respective owners that have granted National Boiler the right and license to use such Marks.
Copyright Complaint/Infringement Procedure
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below should only be used for notifying National Boiler that your copyrighted material potentially has been infringed.
Please provide the following information in the following order (including Section Numbers):
A clear identification of the copyrighted work you claim was infringed.
A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
Include the following statement: "I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."
Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed."
The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on the Site should be emailed or mailed to:
National Boiler, Inc.
176 North Industrial Boulevard
Trenton, GA 30752
Attention: Legal Department
email@example.com, with “copyright infringement” in the subject line.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including, but not limited to, costs and attorneys fees) if you make a false claim of copyright infringement.
We will review and address all notices that comply with the requirements above.
You agree to indemnify, defend and hold harmless National Boiler, its employees, directors, officers, agents, subsidiaries and affiliates from and against any and all claims, damages and costs, including reasonable attorneys' fees and related expenses, arising from or relating to your use of the Site, or the content provided therein, or any breach by you of these Terms and Conditions of Use.
National Boiler reserves the right, in its sole discretion, to terminate your access to any or all of the Site and the related services or any portion thereof at any time, without prior notice.
Your use of this Site shall be governed in all respects by the laws of the state of Tennessee, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on Contracts for the International Sale of Goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including, but not limited to, the purchase of National Boiler products) shall be in the state or federal courts located in Davidson County, Tennessee. Any cause of action or claim you may have with respect to the Site (including, but not limited to, the purchase of National Boiler products) must be commenced within one (1) year after the claim or cause of action arises. National Boiler's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. National Boiler may assign its rights and duties under this Agreement to any party at any time without notice to you.
National Boiler makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Tennessee do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Tennessee.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and National Boiler as a result of these Terms and Conditions of Use or your use of the Site. National Boiler's performance of these Terms and Conditions of Use is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of National Boiler's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by National Boiler with respect to such use. If any part of these Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder shall continue in effect. Unless otherwise specified herein, these Terms and Conditions of Use constitute the entire agreement between you and National Boiler with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and National Boiler with respect to the Site. In the event that any of these Terms and Conditions of Use conflict with the any other terms and guidelines contained within the Site, then these Terms and Conditions of Use shall control.
If you have any questions, comments or concerns regarding Terms and Conditions of Use, please contact us at firstname.lastname@example.org.
Copyright © 2012 National Boiler, Inc.