TERMS OF USE

Date of Last Revision: September 19, 2011

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. 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, the Web site of Noritz America Corporation (“Noritz”), located at www.noritz.com (“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 that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify you and Noritz 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 should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site.

If you have any questions regarding the use of the Site, please contact us by emailing marketing@noritz.com or calling 1-714-433-2905.

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. Terms of Sale

All sales to homeowners from the Site are governed by Noritz’s Terms of Sale. Please refer to the Terms of Sale for the terms, conditions and policies applicable to your purchase of products and services from Noritz. By ordering products or services through the Site, you agree to be bound by and accept these Terms of Sale. The Terms of Sale are subject to change without notice, at any time and in Noritz’s sole discretion, so you should review the Terms of Sale each time you make a purchase from the Site.

 

3. 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, and 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 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; or (g) 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. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

 

4. 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.

  • Name of Designated Agent: Jay Hassel
  • Full Address of Designated Agent: 11160 Grace Ave, Fountain Valley, CA 92708
  • Telephone Number of Designated Agent: 714-433-2905 ext 7818
  • Facsimile Number of Designated Agent: 714-433-1196
  • E-Mail Address of Designated Agent: jhassel@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 us 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.

 

5. 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,” the 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, 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.

 

6. Hyperlinks

You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Noritz or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. 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. Further, you may not use, frame or utilize framing techniques to enclose any Noritz trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Noritz’s express written consent. 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 Web sites linking to the Site. Such sites are not under the control of Noritz and Noritz is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. 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.

 

7. Third Party Content

Noritz may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Noritz does not monitor or have any control over any Third Party Content or third party Web sites. 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.

 

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.

 

9. Submissions

You acknowledge and agree that any 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 (collectively, “Submissions”) that are provided by you in the form of email or otherwise are non-confidential and shall become the sole property of Noritz. Noritz shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

10. 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.

 

11. Indemnification

You agree to defend, indemnify and hold harmless Company, its independent contractors, service providers and consultants, and their respective directors, employees and agents, 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.

 

12. Disclaimer

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY NORITZ, THE SITE, THE SITE MATERIALS CONTAINED THEREIN 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. 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 MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. NORITZ DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NORITZ IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE NORITZ ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICES SAFE, NORITZ CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Noritz reserves the right to change any and all content contained in the Site and any products or services offered through the Site at any time without notice. Reference to any 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.

 

13. Limitation of Liability

IN NO EVENT SHALL NORITZ, ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY 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, 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 WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM NORITZ, 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 NORITZ, 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 ANY 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.

 

14. Modifications to Site

Noritz reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Noritz will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.

 

15. Applicable Law

These Terms and you use of the Site shall be governed by and construed in accordance with the laws of the State of California.

 

16. 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 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 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 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 the state where the product or service is provided. The allocation of costs and fees for such arbitration shall be determined in accordance with the AAA rules. 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.

 

17. Termination

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

 

18. Severability

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.