Terms of Use

This website, located at www.lennoxpros.com , is owned and operated by Lennox International Inc., Lennox Industries Inc., and their Affiliates ("Lennox," "we" or "us"). These Terms of Use ("Terms of Use" or "Agreement") sets forth the terms and conditions pursuant to which Lennox may grant you the right to access and use this website, including all products, information, materials, content, services and other features that are contained in this website (collectively, this "Website"). As used in these Terms of Use, (i) the terms "user," "your" and "you" refer to any and all parties accessing or using this Website for any reason, including the employer and company on whose behalf you are accessing or using this Website, (ii) the term "Affiliate" means, with respect to Lennox, any entity that, directly or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with Lennox, and (iii) the "Lennox Entities" refers to, collectively, Lennox and its Affiliates.

Acceptance of Terms

By accessing or using this Website in any manner, including but not limited to downloading or using any Application (defined below), you acknowledge and represent that you have read, understood, agree to be, and shall be, bound by, and hereby accept these Terms of Use.  IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE.   

The Terms of Use will remain in full force and effect for as long as you are a user of the Website.  Lennox retains the right to revoke the licenses and permissions to use the Website granted hereunder for any or no reason and without liability and to disable and deny access to any user for any reason or for no reason at all.

Changes to Terms 

We may modify these Terms of Use by providing you with reasonable notice of the changes on this Website prior to the changes becoming effective. BY CONTINUING TO USE THIS WEBSITE AFTER THE NOTICE PERIOD HAS PASSED, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE WILL BE GOVERNED BY THE NEW 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").

Subject to the terms and conditions of these Terms of Use and your continued compliance herewith, Lennox hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use this Website and the Content for your company's non-competitive business purposes. This license does not include any right for, and you shall not engage in any activity relating to, the resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; any use of data mining, robots, or similar data gathering and extraction tools; or any activity competitive to any of the Lennox Entities. Certain features of this Website may allow you to download information or materials from this Website and print out a hard copy for internal business purposes, provided that you keep intact and do not remove or alter any copyright or other notice (e.g., trademark, patent) contained in such information or materials. Such downloadable and/or printable information or materials constitutes Content under these Terms of Use and is subject to the terms and conditions herein.

This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose not expressly permitted in these Terms of Use without the express prior written consent of Lennox. You shall not frame or utilize framing techniques to enclose any Mark (defined below) or other proprietary information (including images, text, page layout, or form) of Lennox without Lennox's express prior written consent. You shall not use any meta-tags or any other "hidden text" utilizing any of the Marks without the express prior written consent of their owners. The Lennox Entities and/or the respective third party owners of Content or the Website, as applicable, retain all right, title, and interest in this Website and any Content offered on this Website, including any and all IP rights in any of the foregoing.

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.

Applications

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:

You understand and agree that certain Applications may be owned by third parties and distributed under a third party end user license agreement ("EULA") and that Lennox shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. You shall not download or use any third party Application from the Website without agreeing to the EULA, if any, and these Terms of Use. These Terms of Use govern your obligations and rights for any Applications that do not possess a EULA.

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.

Any such User Material may be used by any of the Lennox Entities for any purpose, including, without limitation, aggregation, reporting, reproduction, solicitations, disclosure, transmission, publication, broadcast, and posting, subject to the terms of Lennox' Privacy Policy with respect to your personal information. Subject to the terms of Lennox' Privacy Policy, each of the Lennox Entities shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to any of the Lennox Entities via this Website or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such User Material. 

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

We have the right but not the obligation to supervise, review and remove such User Materials as we deem, in our sole discretion, necessary: (i) to enforce these Terms of Use; (ii) for any reason; or (iii) for no reason at all; provided, however, that none of the Lennox Entities will have any obligation or liability to you for failure to do so or for doing so in any particular manner. 

By accepting these Terms of Use, you shall not, and shall not cause or permit anyone else to, upload, submit, or otherwise transmit or attempt any User Materials that:

(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;

(ii) infringe, violate or misappropriate the IP Rights, rights of publicity or privacy or any other rights of the Lennox Entities or of any other person, firm or enterprise under these Terms of Use or any other applicable body of law or treaty, whether arising under the jurisdiction of the United States or under any other local foreign laws;

(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

In order to access and use password protected portions of the Website, users will be given a unique user ID and password at Lennox's discretion. You shall take all reasonable precautions to safeguard the confidentiality of the Content and all information accessed in such protected portions (collectively, the "Protected Information"). You shall: (i) hold in strict confidence all Protected Information; (ii) use such Protected Information only to perform or to exercise your rights expressly stated in these Terms of Use in accordance herewith; and (iii) not transfer, display, convey or otherwise disclose or make available such Protected Information to any person or entity except to your directors, officers, employees, auditors, and legal and financial advisors who need to know such Protected Information, who are under confidentiality obligations substantially similar as those set forth hereunder, and whose handling and treatment of the Protected Information in accordance with these Terms of Use is your full responsibility. You shall use at least the same degree of care to protect the Protected Information as you use to protect your information of like nature, but in no event less than a reasonable degree of care. You shall immediately notify Lennox of any unauthorized use or disclosure of the Protected Information, and to take all necessary actions to prevent use or disclosure of the Protected Information in breach of these Terms of Use or applicable law.  You agree that the Lennox Entities may have no adequate remedy at law if there is a breach or threatened breach of the confidentiality and/or security requirements and/or obligations in these Terms of Use and, accordingly, that any of the Lennox Entities will be entitled to injunctive or other equitable relief, without posting bond, to prevent or remedy such a breach in addition to any legal remedies available to such Lennox Entity.

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.

Connection Requirements

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.

Lennox reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of the foregoing, including, without limitation, the suspension or termination of your or a user's access and/or account. Lennox may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, Lennox reserves the right at all times to disclose any information as Lennox deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Lennox's sole discretion.

Right to Monitor

Lennox neither actively monitors general use of this Website under normal circumstances nor exercises editorial control over the content of any third party's website, e-mail transmission, news group, or other material created or accessible over or through this Website. However, Lennox does reserve the right to monitor such use at any time as it deems appropriate and to remove any information, materials or other content that, in Lennox's sole discretion, may be illegal, may subject the Lennox Entities to liability, may violate these Terms of Use, or are, in the sole discretion of any of the Lennox Entities, inconsistent with any of the Lennox Entities' purposes.

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

This Website may contain hyperlinks to other sites owned, operated and maintained by parties other than the Lennox Entities (each, a "Third Party Site"). Such hyperlinks are provided only for reference and ease of use. Lennox does not control any Third Party Site and cannot be held responsible for their content and/or accuracy and does not endorse these sites unless Lennox specifically so states. In the event this Website provides hyperlinks to any Third Party Site, you shall not hold any of the Lennox Entities responsible and/or liable for the content, products, services or other materials on or available from such websites. Lennox accepts no liability for any information, products, advertisements, content, services or software accessible through these third party websites or for any action or inaction you take or fail to take as a result of linking to any such website. Lennox is under no obligation to maintain any link on this Website and may remove a link at any time in its sole discretion for any reason whatsoever. None of the Lennox Entities shall be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any Third Party Site. Any such websites are likely to set forth specific terms of use and privacy policies that you should review. None of the Lennox Entities is responsible for the privacy practices of any other websites.

Representations and Warranties

You represent and warrant to Lennox that (i) your access and use of the Website conforms to the requirements and restrictions set forth in these Terms of Use and comply with all applicable laws, rules and regulations; and (ii) with respect to the User Materials that you upload, submit, or otherwise transmit to any of the Lennox Entities or to this Website, you have all the necessary rights, title, and interest therein to grant to the Lennox Entities the rights and licenses described herein.

Disclaimer

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

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ANY OF THE LENNOX ENTITIES AND THEIR SUPPLIERS (A) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THE LENNOX ENTITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THIS WEBSITE IN ANY AMOUNT. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL, PARTIAL AND/OR FUNDAMENTAL BREACH OF THESE TERMS OF USE) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

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.

Indemnification

You shall indemnify, defend, and do hereby hold the Lennox Entities and each of their respective directors, officers, employees, agents, contractors and partners (each, a "Lennox Indemnitee") harmless from any and all losses, damages, liabilities, judgments, awards, penalties, interest, fines, costs, fees or expenses of whatever kind, including reasonable attorneys' and professional fees, incurred by any Lennox Indemnitee arising out of or resulting from any claim, demand, suit, action, allegation, or any other proceeding that arises out of or relates to (a) your violation of these Terms of Use, (b) your use of this Website, the Content, Products and/or Services, (c) any User Materials that you upload, submit, or otherwise transmit through this Website, (d) your access to or use of any Third Party Sites, and (e) any dealings between you and any third parties relating to this Website.

Termination

We may terminate, disable and/or deny your access to or use of this Website, including any Content and Services available through this Website for any reason or for no reason, including without limitation, if we believe that you have violated or acted inconsistently with these Terms of Use. We may also modify or discontinue providing this Website or any part of this Website with or without cause and with or without notice. Lennox may use any technological, legal, operational or other means available to us to enforce the provisions of the Terms of Use, including, without limitation, blocking specific IP addresses or deactivating your registration on the Website. Lennox will not be liable to you or to any third party for any termination of your access to or use of this Website or for any modification to or termination of this Website.

Notices

Any notices to you from Lennox regarding the Website or these Terms of Use will be posted on this Website or made by e-mail or regular mail as Lennox determines, in its sole discretion.

Electronic Communications

When you visit this Website or send e-mails to Lennox, you are communicating with Lennox electronically. By using this Website, you consent to receive communications from any of the Lennox Entities electronically. Lennox will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that Lennox provides to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by Lennox electronically are deemed to be given and received on the date Lennox transmits any such electronic communication as described in these Terms of Use.

Entire Agreement

These Terms of Use, the Privacy Policy, and other policies Lennox may post on this Website constitute the entire agreement between Lennox and you in connection with the subject matter hereof, and supersede any prior and contemporaneous oral, written or electronic agreements between Lennox and you regarding the subject matter hereof, including but not limited to prior versions of these Terms of Use.

Governing Law; Venue

The Terms of Use are governed by the laws of the State of Texas, USA without regard to any conflicts of law provisions. Any legal proceedings arising from or relating to these Terms of Use shall be brought exclusively in the federal or state courts of Dallas County in the State of Texas and the parties hereby consent to the personal jurisdiction and venue of such courts. The section headings are for convenience and do not have any force or effect.

No Agency Relationship

Neither these Terms of Use, nor any Content, User Materials, other materials, features, or Products and Services of this Website create any partnership, joint venture, employment, or other agency relationship between you and any of the Lennox Entities. You and each of the Lennox Entities are independent contractors for all purposes related to this Website and these Terms of Use. You shall not enter into any contract on any of the Lennox Entities' behalf or bind any of the Lennox Entities in any way.

Remedies

You agree that any violation, or threatened violation, by you of these Terms of Use constitutes an unlawful and unfair business practice that will cause Lennox irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to Lennox obtaining any injunctive or equitable relief that Lennox deems necessary or appropriate. These remedies are in addition to any other remedies Lennox may have at law or in equity.

Miscellaneous

If any portion of these Terms of Use is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effectuate the intent of the parties as reflected by that provision, and the remaining portions of these Terms of Use will be given full effect.  Lennox's failure to act in a particular circumstance, including any failure by Lennox to enforce or exercise any provision of these Terms of Use, does not waive the ability to act with respect to that circumstance or similar circumstances in the future.  Lennox will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control.    Lennox may assign its rights and obligations under these Terms of Use to an entity that acquires all or substantially all of the assets of Lennox or to any subsidiary or successor in a merger or acquisition involving Lennox, including by operation of law.  If an express conflict exists between these Terms of Use and the terms of a separate agreement between you and Lennox for products or services, the terms of that separate agreement will control with respect to the conflicting term.