Acceptance of Terms
Changes to Terms
Limited License and Website Access; All Rights Reserved
All information, data, specifications, text, communications, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, Applications, and any other content contained in this Website (individually and collectively, "Content"), in addition to any features or services offered on or in connection with this Website ("Services") are owned or controlled by, or licensed to Lennox. The Content is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights (individually and collectively, "IP Rights").
Except as otherwise expressly stated herein, you shall not alter, modify, copy, distribute (for compensation or otherwise), transmit, display, perform, reproduce, reuse, post, publish, license, frame, download, store for subsequent use, create derivative works from, transfer, or sell any Content, in whole or in part, in any manner, without the prior written authorization of Lennox or any applicable third party supplier, owner or authorized agent. The use of Content by you, or anyone else authorized by you, is prohibited unless specifically permitted by Lennox.
Lennox may, but is not obligated to, offer you the ability to use certain applications, including without limitation, blogs, chat rooms, instant messaging, bulletin boards, e-mail functions, software and other services that allow you to download specific Content from the Website to your computer, create marketing materials, websites, and other content, or otherwise use certain features available through various software or applications available on the Website (collectively, the "Applications"). Without limiting your obligations and restrictions otherwise described herein, your limited, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the Applications is further subject to the following conditions:
Unless expressly stated otherwise in the EULA, you are granted only a limited license to download and/or use the Application from a single computer and/or mobile device for your company's non-competitive business purposes. In no event shall you: (i) modify, translate, or create derivative works based on any of the Applications; (ii) disable, tamper or circumvent any of the security mechanisms provided with or embedded in any of the Applications or any module of the foregoing; (iii) send or cause to be sent to any of the Lennox Entities any viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code or underlying trade secrets ideas or algorithms of any of the Applications; (iv) lease, distribute, license, sell or otherwise commercially exploit any of the Applications or make the Applications available to a third party, including but not limited to using the Application for timesharing, service bureau or other similar purposes; (v) conceal or remove any title, Mark, copyright, proprietary or restricted rights notice contained in any of the Applications or any components or modules thereof; (vi) export the Application in violation of any U.S. or foreign law, rule or regulation. All rights in Applications not specifically granted to you in writing by Lennox are reserved by Lennox.
Lennox has no obligation to provide support for any Application and may, at any time in its sole discretion, cease any support previously provided to a user or terminate your use of or access to any Application.
Trademarks and Service Marks
This Website contains certain trademarks, service marks, trade names, logos, trade dress and other words, names, symbols or devices, or any combination of the foregoing that are used to identify and distinguish the source of goods and/or services, whether registered or not (collectively, "Marks"). The Marks include the domain name for this Website, all page headers, custom graphics, and button icons. You shall not copy, distribute, reproduce, display, modify, transmit, use and create derivative works of the Marks unless you have executed or entered into a Trademark License Agreement or Marketing Agreement with Lennox or its Affiliates, in which case your use of the Marks will be subject to the terms and conditions contained in that separate agreement and the Lennox Graphic Standards Manual, as may be updated from time to time. You agree that all uses of the Marks will inure to the benefit of Lennox and that you will not contest the validity or strength of, or Lennox's exclusive right, title, and interest in the Marks, or oppose, cancel, sue upon, or otherwise challenge Lennox's registrations of any of the Marks.
Ownership of Information Submitted via this Website
Any information you submit or transmit to any of the Lennox Entities via this Website, whether by direct entry, submission, e-mail or otherwise, including but not limited to data, questions, information, comments, posts, photographs, recordings, videos and/or suggestions, will become the property of Lennox ("User Material") and you hereby irrevocably and unconditionally assign to Lennox all intellectual property and other proprietary rights in and to such User Material automatically upon submission to the Website or to any of the Lennox Entities.
If any User Material cannot be assigned to Lennox due to applicable laws, you hereby unconditionally and irrevocably grant and assign to each of the Lennox Entities, without further consideration, an unqualified, unrestricted, unconditional, unlimited, exclusive, worldwide, irrevocable, perpetual, royalty-free, fully paid-up, transferable, sublicensable license in and to the User Materials, including all IP Rights therein, for each of the Lennox Entities to copy, distribute, reproduce, display, modify, transmit, use and create derivative works of the User Materials, and to make, have made, use, sell, offer for sale, and import any products or services or otherwise exploit the User Materials for any purpose whatsoever, in all cases without accounting, notification, credit or other obligation to you.
Once User Material is submitted, you will have no right to prohibit, restrict, revoke or terminate any of the rights granted to Lennox. You are not entitled to and you will not receive any compensation or other consideration for User Material or any use thereof, whether in whole or in part. You understand and agree that any use of User Material by any of the Lennox Entities will not require any prior consent or approval prior to use. You hereby release each of the Lennox Entities from any and all claims of any rights, encumbrances, liens, claims, demands, actions or suits that you may or can have in connection with User Material, including, without limitation, any and all liability for any use or nonuse of User Material, claims for defamation, libel, slander, invasion of privacy, right of publicity, emotional distress or economic loss.
Rules of Conduct for Users
(i) are unlawful, defamatory, scandalous, vulgar or obscene, indecent, pornographic, sexually explicit or suggestive, racially, culturally, or ethnically offensive, harmful, harassing, abusive or otherwise improper or discriminatory;
(iii) contain viruses or other harmful, disruptive, or malicious computer code that interfere with the normal operation of the Website, including any transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contents, pyramid schemes, or so-called "spamming" and "phishing";
(iv) cause harm, harass anyone or which may prevent, prohibit, inhibit, restrict or otherwise impair others from using or enjoying the Website;
(v) affect any of the Lennox Entities adversely or reflect negatively on any of the Lennox Entities, any of their goodwill, name or reputation, or cause duress, distress or discomfort to any of the Lennox Entities or anyone else, or discourage any person, firm or enterprise from using all or any portion, feature or function of the Website, or from advertising, linking or becoming a supplier or tenant to any of the Lennox Entities in connection with the Website; or
(vi) create a false identity or account for any purpose.
Registration and Use of Password
Password Accounts, Passwords, and Security
When accessing the Portal, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You shall (i) immediately notify Lennox of any unauthorized use of your account or any other breach of security of which you become aware, and (ii) exit completely from your account at the end of each online session. None of the Lennox Entities will be liable for any loss that you or your employer may incur as a result of someone else using your password or account, either with or without your knowledge, and you hereby fully release all of the Lennox Entities for any losses arising out of the same. You shall not use anyone else's account at any time, without the permission of the account holder.
USER NAMES AND PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT, PROTECTED INFORMATION, PERSONAL INFORMATION OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR USER NAME AND PASSWORD ON THE WEBSITE WILL BE DEEMED BINDING ON YOU.
You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and Lennox reserves the right to change the access configuration of this Website at any time without prior notice.
Right to Monitor
No Lennox Editorial Control of Third Party Content; No Statement as to Accuracy
To the extent that any of the Content included in the Website is provided by third party content providers or users, Lennox has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third parties or other users on this Website are those of such third parties or other users, respectively. Lennox does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website will not infringe rights of third parties not owned by or affiliated with any of the Lennox Entities.
Links to Third Party Websites
Representations and Warranties
Content and other information contained on this Website has been prepared by Lennox as a convenience to users and is not intended to constitute advice or recommendations upon which a user may rely. Lennox has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by Lennox. Users relying on Content or other information from this Website do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Content or any Services or products offered through the Website ("Products"), but are provided solely for general informational purposes; please refer to the relevant agreement between you and the applicable Lennox Entity for complete terms and conditions with respect to any Service or Products. Should you purchase a Product or Service from any Lennox Entity or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of this Website does not affect that purchase in any manner.
THIS WEBSITE IS PROVIDED "AS-IS" WITHOUT ANY WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE LENNOX ENTITIES AND EACH OF THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE LENNOX ENTITIES AND EACH OF THEIR SUPPLIERS DO NOT PROMISE OR WARRANT TO YOU THAT ANY ASPECT OF THE WEBSITE WILL WORK PROPERLY, OPERATE ERROR-FREE, OR WILL BE AVAILABLE CONTINUOUSLY. THE AVAILABILITY, APPEARANCE OR YOUR USE OF ANY URLS OR HYPERLINKS REFERENCED OR INCLUDED ANYWHERE ON THIS WEBSITE OR ANY OTHER FORM OF LINK RE- DIRECTION OF YOUR CONNECTION TO, WITH OR THROUGH THIS WEBSITE, DOES NOT CONSTITUTE AN ENDORSEMENT BY, NOR DOES IT INCUR ANY OBLIGATION, RESPONSIBILITY OR LIABILITY ON THE PART OF THIS WEBSITE OR ANY OF THE LENNOX ENTITIES, ANY OF THEIR AFFILIATES, AND EACH OF THEIR SUCCESSORS AND ASSIGNS. NONE OF THE LENNOX ENTITIES VERIFY, ENDORSE OR HAVE ANY RESPONSIBILITY FOR ANY SUCH THIRD PARTY SITES, THEIR BUSINESS PRACTICES (INCLUDING THEIR PRIVACY POLICIES), OR ANY GOODS OR SERVICES ASSOCIATED WITH OR OBTAINED IN CONNECTION WITH SUCH SITES, WHETHER ANY OF THE WEBSITE'S OR ANY OF THE LENNOX ENTITIES' MARKS OR SPONSORSHIP IDENTIFICATION IS ON THE THIRD PARTY SITE AS PART OF A CO-BRANDING OR PROMOTIONAL ARRANGEMENT, OR OTHERWISE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND USE OF ANY SUCH CONTENT. THE CONTENT, PRODUCTS AND/OR SERVICES ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER THE LENNOX ENTITIES NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH CONTENT, PRODUCTS, AND/OR SERVICES.
ALL THIRD PARTY PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF THE LENNOX ENTITIES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE THIRD PARTY PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH OF THE LENNOX ENTITIES HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT OR SERVICE DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, MISUSE, ABUSE, MODIFICATION, IMPROPER SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. NONE OF THE LENNOX ENTITIES MAKES ANY WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitation of Liability
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE OR OTHERWISE MADE AVAILABLE TO YOU BY SUCH MANUFACTURER OR SUPPLIER.
Governing Law; Venue
No Agency Relationship