TERMS OF USE

Date of Last Revision: January 18, 2017

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE, INCLUDING BUT NOT LIMITED TO ARBITRATION OF DISPUTES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

These Terms of Use (“Terms”) apply solely to your access to, and use of, (i) the Web site of Noritz America Corporation (“Noritz”), located at www.noritz.com; and (ii) the PROCard mobile application belonging to Noritz (collectively, “Site”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Noritz, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant to Noritz that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify and hold harmless, you, Noritz, its affiliates, and their respective officers, directors, employees, agents and successors and assigns (the “Noritz Parties”) for violations of these Terms.

Noritz reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you are expected to frequently review these Terms and applicable policies to understand how they apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Site.
  • Ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.
  • Ensuring that, if you are a PROCard member and are entering or submitting personal information of your customers to this Site, you have obtained the appropriate consents from your customers and that they are made aware of these Terms and will comply with them.

Geographic Restrictions

The owner of the Site is based in the state of California in the United States of America. Noritz provides this Site for use only by persons located in the United States and Canada. Personal data received or obtained from Canadian residents may be transferred to the United States where it may be used, disclosed, transferred or stored by Noritz or its service providers. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
If you have any questions regarding the use of the Site, please contact PROCard Administrator, at productsupport@noritz.com, or by calling 1-866-766-7489 and asking for the PROCard Administrator.

 

1. Privacy Policy

Please refer to our Privacy Policy for information on how Noritz collects, uses and discloses personally identifiable information from its users.

 

2. Copyright and Limited License

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Noritz logo, functionality, including but not limited to all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Noritz or its licensors or users and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are granted a limited, non-sublicensable license to access and use the Site and electronically copy (except where prohibited without a license) and print hard copy portions of the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; (g) any deletion or alteration of any copyright, trademark or other proprietary rights notices from copies of Site Materials; or (h) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Noritz, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by these Terms and such other terms of use that may be specified for such applications.

If we provide social media features with certain content, you may take such actions as are enabled by such features.

If you wish to make any use of material on the Site other than that set out in this section, please address your request to: marketing@noritz.com.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any grant of or license to Noritz’s or its licensors’ intellectual property rights, whether by estoppel, implication or otherwise. Any license granted by Noritz in these Terms is revocable by Noritz at any time without notice

 

3. Copyright Complaints

If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

  1. Name of Designated Agent: Jason Fleming
  2. Full Address of Designated Agent: 11160 Grace Ave, Fountain Valley, CA 92708
  3. Telephone Number of Designated Agent: 1 -866-766-7489
  4. Telephone Number of Designated Agent: 1 -866-766-7489
  5. Facsimile Number of Designated Agent: 714-433-1196
  6. E-Mail Address of Designated Agent: marketing@noritz.com

Please see 17 U.S.C. 512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer.

You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by the Noritz Parties or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s email address in our records, or by written communication sent by first-class mail to a user’s address in our records.

 

4. Trademarks

“Noritz,” “Noritz America,” “Always Hot,” “PROCard,” “EZPay,” “Tankless is Green,” “Tankless for Professionals,” “Get Nortiz’d,” “N-Vent,” “Quick-connect,” “Scaleshield,” “PowerBase,” “PowerGuide,” “ecoTOUGH,” “proTOUGH,” Noritz logos and any other product or service name or slogan contained in the Site are trademarks of Noritz and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Noritz or the applicable trademark holder. You may not use any metatags or any other “hidden text utilizing “Noritz” or any other name, trademark or product or service name of Noritz without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Noritz and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Noritz names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, contractors, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

 

5. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site’s homepage for noncommercial purposes, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. Such link must not portray Noritz or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and such linking site must comply with the Content Standards. This Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Site.
  • Send e-mails or other communications with certain content, or links to certain content, on this Site
  • Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Site other than the homepage
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

You may not use a Noritz logo or other proprietary graphic of Noritz to link to this Site without the express written permission of Noritz. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Noritz or any third party.

Noritz makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from the Site, or websites linking to the Site. Such websites are not under the control of Noritz and Noritz is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. Noritz provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Noritz of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

 

6. Third Party Content

Noritz may provide third party content on the Site and may provide links to web pages and content of third parties, including but not limited to materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services (collectively the “Third Party Content”) as a convenience to those interested in this information. Noritz does not monitor or have any control over any Third Party Content or third party web sites. All statements and/or opinions expressed in Third Party Content, and all articles and responses to questions and other content, other than the content provided by Noritz, are solely the opinions and the responsibility of the person or entity providing such Third Party Content. Noritz does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Noritz does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

 

7. Advertisements and Promotions; Third-Party Products and Services

Noritz may run advertisements and promotions from third parties on the Site or may otherwise provide information about, or links to, third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. By choosing a contractor or other provider for installation or service of a Noritz product, you agree that Noritz makes no recommendation, representation or warranty with respect to the installer, contractor or servicer, but Noritz has only provided a list of possible installers or contractors who have requested to be listed and who are ranked on the basis of the number of installations, trainings received and customer reviews. The Noritz Parties are not responsible or liable for any loss or damage of any sort incurred as the result of your use or engagement of any service provider, installer or contractor, any dealings with any of them, any promotions they may offer, or as the result of the presence of such non-Noritz advertisers or third party information on the Site.

 

8. Advertisements and Promotions; Third-Party Products and Services

Noritz may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third-party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Noritz is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Noritz advertisers or third party information on the Site.

 

8. Submissions

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content, materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Site, Noritz or Noritz’s products or services (“Submissions”) on or through the Site. All Submissions must comply with the Content Standards set out in these Terms. You acknowledge and agree that any Submissions that are provided by you in any form are non-confidential and you grant the Noritz Parties and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You represent and warrant that:

  • You own or control all rights in and to the Submissions and have the right to grant the license granted above.
  • All of your Submissions do and will comply with these Terms.

You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you (and not any of the Noritz Parties) have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any Submissions posted by you or any other user of the Site

We have the right to:

  • Remove or refuse to post any Submissions for any or no reason in our sole discretion.
  • Take any action with respect to any Submission that we deem necessary or appropriate in our sole discretion, including if we believe that such Submission violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for Noritz.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
  • Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site.

YOU WAIVE AND HOLD HARMLESS THE NORITZ PARTIES, AND EACH OF THEIR RESPECTIVE LICENSEES AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review any material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

9. Registration Data; Account Security

In order to access certain areas of the Site (e.g, the PROCard Member Area), you must create an account and you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Noritz, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Noritz.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time, in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

 

10. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material , including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate Noritz, a Noritz employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Noritz or users of the Site or expose them to liability.

Additionally, you agree not to:

  • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
  • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
  • Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Site.
  • Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
  • Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Site.

 

11. Content Standards

These content standards apply to any and all Submissions and use of Interactive Services. Submissions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Submissions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

 

12. Indemnification

You agree to defend, indemnify and hold harmless the Noritz Parties, their licensors, and their respective independent contractors, service providers and consultants, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Site, (b) any Submissions you provide, (c) your violation of these Terms or any other terms, policies or guidelines of Noritz, (d) your violation of any rights of another, or (e) your conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provisions above may not apply to you.

 

13. Disclaimer

THE INFORMATION PRESENTED ON OR THROUGH THE SITE IS MADE AVAILABLE SOLELY FOR GENERAL INFORMATION PURPOSES. NORITZ DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF THIS INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE SITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY NORITZ, THE SITE, THE SITE MATERIALS AND THE SERVICES PROVIDED ON, OR IN CONNECTION THEREWITH (THE “SERVICES”), ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU USE THE SITE, THE SITE MATERIALS AND SERVICES AT YOUR OWN RISK. NORITZ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. NORITZ DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED. NORITZ DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. YOU UNDERSTAND THAT WE CANNOT, AND DO NOT, GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, MALWARE, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

REFERENCE TO ANY VENDORS, PROVIDERS, CONTRACTORS, PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE, DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY NORITZ.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS. SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.

 

14. Limitation of Liability

IN NO EVENT SHALL THE NORITZ PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT FORESEEABLE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ANY OF THE NORITZ PARTIES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NORITZ’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE NORITZ PARTIES, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE LESSER OF (I) ONE HUNDRED US DOLLARS; OR (II) THE COMPENSATION YOU PAY, IF ANY, TO NORITZ FOR ACCESS TO, OR USE OF, THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

 

15. Modifications to Site

Noritz, in its sole discretion, reserves the right to modify or discontinue, temporarily or permanently, the Site or any features, services or materials, or portions thereof without prior notice, but the Site is not necessarily complete or up-to-date. Any of the Site Materials may be out of date at any given time, and we are under no obligation to update such materials. You agree that none of the Noritz Parties will be liable if, for any reason, all or any part of the Site is unavailable at any time, or for any period, or for any modification, suspension or discontinuance of the Site or any part thereof. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

 

16. Applicable Law

These Terms and your use of the Site, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of law.

 

17. Arbitration

It is important that you read this section carefully. In the unlikely event that any complaint or problem you have concerning Noritz is not resolved through communications with our customer service department, you and Noritz each agree to resolve disputes through binding arbitration. Any arbitration under these Terms or with respect to the Site will take place on an individual basis; class arbitrations and class actions are not permitted.

Any controversy or claim arising out of or relating to these Terms or the Site shall be resolved by final and binding arbitration in accordance with the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA“), but the parties do not necessarily intend for the AAA to administer the arbitration. ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS (INCLUDING THE PRIVACY POLICY), OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OTHERWISE, SUCH CLAIM IS PERMANENTLY BARRED. Any such arbitration may be conducted using telephonic, online or in-person procedures of the AAA, for which additional charges may apply. Any in-person arbitration will be conducted in Orange County, California. Each party shall be liable for their own costs and fees in connection with such arbitration, provided that each party shall pay half of the fees and costs of the arbitrator. The arbitration shall be conducted by a single, neutral arbitrator engaged in the practice of law who is mutually agreed upon by the parties. Judgment on the arbitration award may be entered in any court having competent jurisdiction.

 

18. Termination

Notwithstanding anything to the contrary, Noritz reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site.

 

19. Severability

No waiver of by Noritz of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Noritz to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

21. Entire Agreement

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Noritz with respect to the Site and supersede all prior or contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

 

22. Your Comments and Concerns

This Site is operated by NORITZ AMERICA CORPORATION, 11160 Grace Ave, Fountain Valley, CA 92708

ll notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Site should be directed to: info@noritz.com.