Terms & Conditions
1. GENERAL RULES AND DEFINITIONS
1.2 Organization/Corporate entities using the Website are responsible for their employees, directors, officers, and agents as users of this Website and are specifically responsible and liable for any and all damages created thereby, and for notifying North American of the termination of any employee’s authorization to use this Website. Organization/Corporate entities are also responsible and liable to pay for all goods and services purchased through use of this Website by anyone using a username and password, if any, supplied to such entity. North American assumes no liability regarding any use of the Website by any user, whether a Registered User or a user who has not registered.
1.3 By using the Website you agree to regularly, but no less than every thirty (30) days, review these Terms and Conditions of Use for changes to such terms and conditions. North American may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Website. Such changes will be effective thirty (30) days after they are posted on the Website. IF ANY CHANGES TO THESE TERMS AND CONDITIONS OF USE ARE UNACCEPTABLE TO YOU, DO NOT USE THIS SITE. IF YOU HAVE REGISTERED FOR ACCESS TO A PASSWORD PROTECTED AREA OF THE WEBSITE (A "REGISTERED USER") YOU MAY CANCEL YOUR REGISTRATION BY CONTACTING MARKETING@NA.COM. YOUR CONTINUING USE OF THE WEBSITE FOLLOWING THE EFFECTIVE DATE OF ANY CHANGES IN THESE TERMS AND CONDITIONS OF USE, INDICATES YOUR ACCEPTANCE OF SUCH CHANGES.
1.4 North American may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. North American may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
2. NORTH AMERICAN CONTENT
2.1 The contents of the Website are intended for your use solely as provided in this Agreement. All materials published on or provided through the Website (including, but not limited to software, photographs, images, illustrations, referred to in this Agreement as the "Content") and owned or controlled by North American, the respective authors, publishers or the party credited as the provider of the Content. You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Website.
2.2 The Website and the Content are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of this Agreement), create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Website (including software) in whole or in part.
2.3 You may use the Website and the Content for the purposes indicated on the Website (for example, to obtain information about North American or a product or service). You may download or copy the Content and other downloadable items displayed on the Website for your internal business use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content other than for this specific use, as well as any other use of the Content, is expressly prohibited without prior written permission from North American and any other copyright holder identified in the copyright notice indicated for the Content. Under no circumstances may you sell, transfer, lease, rent, license or sublicense the use of the Content or any part of the Content to any party.
3. ACCESS AND AVAILABILITY OF WEBSITE AND LINKS
3.1 North American contains links to other related World Wide Web Internet sites and resources. These remote sites are operated by third parties and not by North American. North American provides these links to you solely as a convenience, and the inclusion of any link does not imply endorsement by North American of the remote site or its affiliates, or any materials contained within. Such sites are not under the control of North American, and North American is not responsible for the availability, accuracy, or any information, content, products or services accessible from such sites. You should direct any concerns regarding any external link to the site administrator or webmaster of such site.
4. REPRESENTATIONS AND WARRANTIES
4.1 You represent and warrant that you will: (a) provide true, accurate, and current information about yourself (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate and current. If you provide any information that is untrue, inaccurate or not current, North American may suspend or terminate your account and refuse any and all current or future use of the Website to you.
4.2 You represent, warrant and covenant (a) that no materials of any kind submitted through the use of the Website (including any discussion forum) (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You agree to indemnify, defend and hold harmless North American, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you (or any user of your username and password, if you are a Registered User) of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. North American reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
4.3 North American does not represent or endorse the accuracy or reliability of any third party advice, opinion, statement, or other information displayed, uploaded, or distributed through the Website, any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.
4.4 EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF) IS PROVIDED "AS IS," AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NORTH AMERICAN MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY NORTH AMERICAN. NORTH AMERICAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE WEBSITE, INCLUDING DISCUSSION FORUMS OR THE SERVER(S) ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
4.5 USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL NORTH AMERICAN, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR NORTH AMERICAN, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF NORTH AMERICAN OR THE PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY SUCH LIMITED REMEDY. THE TOTAL LIABILITY OF NORTH AMERICAN HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE WEBSITE. YOU HEREBY RELEASE NORTH AMERICAN FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, BUT YOU AGREE THAT SUCH LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
5. REGISTRATION AND SECURITY
5.1 If you become a Registered User of the Website, as part of the registration process you will be provided with a user name and a password. You also have to provide North American with certain registration information, all of which must be accurate and all of which you agree to update to reflect any changes. You may not (i) select or use the name or username of another person with the intent to impersonate that person; (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username that North American, in its sole discretion, deems offensive. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your registration. You shall be responsible for maintaining the confidentiality of your username and password.
5.2 You shall notify firstname.lastname@example.org of any known or suspected unauthorized use(s) of your username, or any known or suspected breach of security, including, if you are a Registered User of the Website, any loss, theft, or unauthorized disclosure of your username or password.
5.3 You must be 13 years or older to register as a user of the Website and to provide us with any personal information, however, persons of all ages may use the Website.
5.4 You are responsible for all usage or activity on your North American account, including, if you are a Registered User of the Website, use of the account by any third party authorized by you to use your username and password. Any fraudulent, abusive, or otherwise illegal activity shall be grounds for termination of your account, at North American’s sole discretion, and in such event North American may refer you to appropriate law enforcement agencies.
6. FEES AND PAYMENTS
6.1 North American reserves the right at any time to charge fees for access to portions of the Website or the Website as a whole. However, in no event will you be charged for access to the Website unless we obtain your prior agreement to pay such charges. Thus, if at any time North American requires a fee for portions of the Website that are now free, North American will give you advance notice of such fees and the opportunity to cancel the account before such charges are imposed. All new fees, if any, will be posted in the FAQs section and in other appropriate locations on the Website. You shall pay all fees and charges incurred through your account in the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Website by North American or by any other vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes arising from or relating to use of the Website through your account.
7. COMMUNICATIONS BETWEEN NORTH AMERICAN REGISTERED USERS
8. SOFTWARE LICENSES
8.1 You shall have no rights to the proprietary software and related documentation obtained through the use of the Website other than as indicated in the license for such software. This includes any software that you downloaded from a link on the North American Website. You may not sublicense, assign or transfer any such license except as provided in such license.
9. CANCELLATION OF SERVICES
9.1 If you are a Registered User of the Website, you may terminate your registration at any time, which makes your username, password, and account related thereto inactive. To terminate your registration, contact email@example.com. You are responsible for all charges, if any, incurred up to the time your registration and account is cancelled.
9.2 North American may, in its sole discretion, terminate or suspend your access to all or part of the Website for any reason.
10.1 This Website is directed to and intended for use solely by United States residents and businesses. This Agreement has been made in and shall be construed and enforced in accordance with Illinois law, without regards to its laws that direct the application of the laws of another state. Any action to enforce this agreement shall be brought exclusively in the federal or state courts located in Cook County, Illinois. You consent to the personal jurisdiction of such courts.
10.3 Official correspondence must be mailed to:
North American Corporation of Illinois
Attn: Marketing 2101 Claire Court
Glenview, Illinois 60025
Phone: (847) 832-4000 or 800-323-0297 Fax: (847) 832-4010
10.4 You agree to report any violations of these Terms and Conditions of Use to North American as soon as you become aware of them.
North American’s designated agent to receive notification of alleged copyright infringement under the Digital Millennium Copyright Act ("DMCA") is Chief Financial Officer, North American Corporation of Illinois, 2102 Claire Court, Glenview, IL (phone: (847)832-4000, fax: (847)832-4010), with a copy to Michael Best & Friedrich, 401 N. Michigan, Suite 1900, Chicago, IL, 60611 (phone: (312)222-6676, fax: (312) 222-0818). Upon receipt of notification of claimed infringement, North American will follow the procedures outlined herein and in the DMCA.
Complaint Notice Procedures for Copyright Owners. A notice of alleged copyright infringement to the Designated Agent must include the following:
a.An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b.Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notice, a representative list of such works.
c.Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit North American to locate the material.
d.Information reasonably sufficient to permit North American to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
e.A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
f.A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Failure to include all of the above information may result in a delay of the processing or the DMCA notification.