Thank you for your interest in our products and services. We hope you’ll find this website informative and helpful. Please carefully review the following Terms of Use before using this site or accessing any of its content.
These Terms of Use ("Terms") govern your use of this site, are a binding legal agreement between you and any entity you represent (collectively "you" or "your" or "yourself"), on the one hand, and Nortek Air Solutions, LLC and their affiliates (collectively "Nortek" or "us" or "we" or "our"), on the other hand.
By accessing or using this site, you agree to be bound by these Terms—without limitation or qualification. If you do not agree, you must not access or use the site. And by agreeing to the Terms, you represent and warrant that you have the capacity and authority to bind yourself and any entity that you may represent.
Subject to these Terms and if you comply with them, we grant you a personal, revocable, and non-exclusive limited license to access and use the site.
The site is provided to you so that you may obtain information about or interact with our products and services. You will only access and use this site for those purposes and not for any other purpose, including any unlawful or malicious purpose.
Your access and use of the site is at your own risk, and you agree we are not liable in any way for your access or use of the site. To the maximum extent possible under applicable law, the site is provided AS-IS, AS-AVAILABLE, WITH ALL FAULTS, and without any warranty of any kind—express, implied, statutory, or otherwise—including, but not limited to, any warranty of merchantability, of fitness for a particular purpose, of title, of accuracy, or of noninfringement. We specifically disclaim any warranties and representations of every kind.
That means that we, as examples and not limitations, do not warrant (and specifically disclaim) that the site or use of the site will (i) be timely or uninterrupted, (ii) provide any specific results, (iii) be free from any defects, viruses (or other malicious code), corruption, hacking, content losses, errors, or omissions, (iv) be accurate, complete, up-to-date, or useful, (v) be corrected to address any defects, deficiencies, inaccuracies, or errors on the Sites, or (vi) be secure. Any reliance you place on or from the site is strictly at your own risk. And you agree that no website—including this site, and transmissions to or from it—is ever completely private or secure. You agree that your submission of any information to us is at your sole risk, and you hereby release us from all liability to you for any loss or liability relating to such information in any way.
Some jurisdictions do not allow the exclusion of implied warranties or other disclaimers of warranty. To the extent such laws apply to you, the above provided exclusions of implied warranties or other disclaimers of warranty will not apply solely to the extent prohibited by applicable law. Nothing in these Terms, including this limitation of liability section, limits or excludes (or will be construed or interpreted to exclude or limit) any liability that cannot be so limited or excluded under applicable law. Also, nothing in these Terms is intended to affect any individual product warranties for a particular physical product.
In no case will we (including Nortek’s officers, agents, directors, affiliates, suppliers, dealers, distributors, contractors, employees, and licensors) be liable to you or any third party for—whether arising out of contract, tort, products or strict liability, or any other form of action—any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of any of the site, even if Nortek knew or should have known, or has been advised of such, possibilities. This limitation applies, but is not limited, to any claim (i) based on any errors or omissions in any content, any virus, or any defect; (ii) based on any negligence of any kind or any degree on our or our officers’, agents’, directors’, affiliates’, suppliers’, dealers’, distributors’, contractors’, employees’, or licensors’, part; (iii) for any loss or damage of any kind incurred as a result of the use of the Sites, even if we were advised of its possibility; or (iv) for any direct, indirect, incidental, punitive, special, or consequential damages (e.g., lost revenue or profits) arising from your use of the sites. You agree to release us from liability for any such claims.
You agree, to the maximum extent permitted by law, to indemnify and hold harmless us (including Nortek’s officers, agents, directors, affiliates, suppliers, dealers, distributors, contractors, employees, and licensors) against any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and costs) for any third-party claims arising out of or based on your access to or use of the site or your breach of these Terms.
All content—such as images, text, trademarks, logos, artworks, designs, or code—on the site is owned by or licensed to us and is protected by copyright, trademark, patent, or other intellectual property laws. Using or accessing this site does not grant you any ownership of or licenses to this content. You may not use content from this site without obtaining permission from the content’s owner or without having permission under the law. And if any of the content carries a legal notice, you may not alter, remove, or obscure that notice. The site may display trademarks, service marks, logos, or other designations of source (collectively "Marks"). All Marks are registered or unregistered marks of Nortek, its corporate affiliates, or its licensors or content providers. All Marks are the exclusive property of their respective owners. And your access and use of the site does not grant you—by implications or otherwise—any license, right to use, or ownership interest in any Marks.
We may change, remove, or add to any content on the site without notification to you. We may remove the site, temporarily or permanently. And we may limit or disable your access to the site without notice to you. If we believe you have violated these Terms, we may immediately suspend or terminate your access to and ability to use the site.
You agree that any dispute arising out of or based on the site or these Terms will be governed by the laws of the State of Oklahoma, without regard to Oklahoma’s conflict-of-laws principles. And all such disputes and claims will be exclusively brought in the state or federal courts located in Kingfisher County, Oklahoma—with you and us agreeing to the personal jurisdiction of such state and federal courts and to waive any claims regarding the lack of convenience of such courts.
These Terms constitute the entire agreement between you and us in relation to the site and supersede any prior agreement between you and us regarding the site, including prior versions of these Terms. Our failure to enforce—or any delay in our enforcing—any provision of these Terms will not be deemed a waiver of our rights to enforce them. If any provision of these Terms is found to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the other provisions of the Terms, and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect. In such cases, you agree that we may substitute for each invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the objectives and intentions of the invalid or unenforceable provision.