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Legal
Statement and Privacy Policy of New England Water Heater Co., Inc.
1. Introduction
This page states the Terms and Conditions under which you may use New
England Water Heater Co., Inc.’s (the “Company”) web
site (the "Web Site"). Please read this page carefully. If you
do not accept these Terms and Conditions, do not use this Web Site. By
using this Web Site, you are indicating your acceptance to be bound by
these Terms and Conditions. We may revise these Terms and Conditions at
any time by posting an update to this page. You should visit this page
periodically, because your continued use of the Web Site following the
posting of changes to these Terms and Conditions will mean you accept
those changes. The terms "you" and "user" as used
herein refer to all individuals and/or entities accessing the Web Site
for any reason.
2. Use of Material
The site contains information intended for customers of the Company only.
3. Acceptable Site
Use
General Rules: You may not use the Web Site in order to transmit,
distribute, store or destroy material (a) in violation of any applicable
law or regulation, (b) in a manner that will infringe the copyright, trademark,
trade secret or other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others, or (c) that
is defamatory, obscene, threatening, abusive or hateful.
Security Rules: You
are prohibited from violating or attempting to violate the security of
the Web Site and from using the Web Site to violate the security of other
web sites by any method, including, without limitation, (a) accessing
data not intended for you or logging into a server or account which you
are not authorized to access, (b) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or authentication
measurers without proper authorization, (c) attempting to interfere with
service to any user of the Web Site, host or network, including, without
limitation, via means of submitting a virus to the Web Site, overloading,
"flooding", "spamming", "mailbombing" or
"crashing", (d) sending unsolicited e-mail, including promotions
and/or advertising of products or services, or (e) forging any Company
packet header or any part of the header information in any e-mail or newsgroup
posting. Violations of system or network security may result in civil
or criminal liability. We may investigate violations of these Terms and
Conditions and may involve and cooperate with law enforcement authorities
in prosecuting users of the Web Site who are involved in such violations.
4. Our Liability
The material on the Web Site may contain inaccuracies or typographical
errors. We make no representations about the accuracy, reliability, completeness,
or timeliness of the Web Site or the material. The use of the Web Site
and the material is at your own risk. We reserve the right, at our discretion,
to modify, add, or remove portions of the Web Site at anytime without
notice.
WE DO NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE
WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE
FOR THOSE COSTS.
THE WEB SITE AND MATERIAL
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY
KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES,
WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL,
SERVICES, SOFTWARE, TEXT, GRAPHICS OR LINKS.
5. Disclaimer of Consequential
Damages
IN NO EVENT WILL WE OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE
LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL,
RELIANCE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING
FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY
TO USE THE WEB SITE OR THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
6. Links to Other
Sites
The Web Site may contain links to third party web sites. In the event
this is done, these links are provided solely as a convenience to you
and not as an endorsement by us of the contents on such third-party web
sites. We are not responsible for the content of linked third-party sites
and do not make any representations regarding the content or accuracy
of materials on such third-party sites. If you decide to access linked
third-party sites, you do so at you own risk.
7. Limitation of Liability
Our aggregate liability to you for all claims arising from the use of
this Web Site and the materials is limited to $100.
8. Termination
We reserve the right, at our sole discretion, to immediately terminate
your ability to access the Web Site and/or any other service provided
to you by us, upon any breach by you of these Terms and Conditions.
9. Indemnity
You agree to defend, indemnify, and hold harmless us, our officers, directors,
employees and agents, from and against any claims, actions or demands,
including without limitation reasonable legal and accounting fees, alleging
or resulting from your use of the Web Site, or material or your breach
of the terms of these Terms and Conditions. We will provide notice to
you promptly of any such claim, suit, or proceeding and will assist you,
at your expense, in defending any such claim, suit or proceeding.
10. General
These Terms and Conditions are governed by the internal substantive laws
of the Commonwealth of Massachusetts, without respect to its conflict
of laws principles. Jurisdiction of any claims arising under these Terms
and Conditions will lie exclusively with the state or federal courts within
Boston, Massachusetts. If any provision of these Terms and Conditions
is found to be invalid by any court having competent jurisdiction, the
invalidity of such provision will not affect the validity of the remaining
provisions of these Terms and Conditions, which will remain in full force
and effect. No waiver of any provision of these Terms and Conditions will
be deemed a further or continuing waiver of such provision or any other
provision. Except as expressly provided in an end user software license,
or in a "Legal Notice" or other statement by us on the Web Site,
these Terms and Conditions constitute the entire agreement between you
and us with respect to the use of Web Site. No changes to these Terms
and Conditions may be made except by a revised posting on this page.
Privacy
Policy
1. General
The Company respects the privacy of every individual who visits our web
site ("Web Site"). This Privacy Policy outlines the information
we will collect and how we will use that information.
2. Personally-Identifiable
Information
There may be cases where we will ask you for personally-identifiable information
such as your name, mailing address, email address or other information
related to your Account with us. We will not collect any personally-identifiable
information about you unless you provide it to us voluntarily.
Except as stated in this Privacy
Policy, or as otherwise stated at the time personally-identifiable information
is gathered, we will not provide personally-identifiable information to
third parties who are not under the direction and control of and/or working
with our Company.
3. Children
The Web Site is not directed at individuals under thirteen years of age,
and we do not intend to collect any personally-identifiable information
from such individuals.
4. Information Collected
Automatically
We do not automatically collect non-personally-identifiable information
about your use of the Web Site, such as the domain from which you access
the Internet (for example, aol.com, if you are connecting from an America
Online account), the date and time you access the Web Site, and the Internet
address of the website from which you linked directly to our Web Site.
5. Links to Other
Web Sites
The Web Site may allow links to various other web sites. We assume no
responsibility for the information practices of sites you are able to
access through the Web Site. Furthermore, these links to other sites do
not imply affiliation or endorsement of a linked site.
6. Security
The importance of security for all personally-identifiable information
associated with visitors to the Web Site is of importance us. Unfortunately,
no data transmission over the Internet can be guaranteed to be secure.
As a result, we cannot ensure or warrant the security of any information
you transmit to us, and you do so at your own risk. Once we receive your
personally-identifiable information, we will take reasonable efforts to
ensure its security on our systems.
7. Your Acceptance
of These Terms
By using the Web Site, you signify your assent to our Privacy Policy.
If you do not agree to this Policy, please do not use the Web Site. Your
continued use of the Web Site following the posting of changes to these
terms will mean you accept those changes. We will, however, use personally-identifiable
information only in accordance with the version of the Privacy Policy
under which the information was collected.
8. Terms and Conditions
of Use
Use of the Web Site is governed by our Legal Statement.
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