National Roof Group
shall be referred to as NRG
for the purposes of this
document:
The NRG Web Sites constitute
various Web sites and Web
pages operated by NRG or its
affiliates (collectively,
the "NRG Web Sites").The
NRG Web Sites are offered to
you conditioned on your
acceptance without
modification of the terms,
conditions, and notices
contained herein. Your use
of the NRG Web Sites
constitutes your agreement
to all such terms,
conditions, and notices.
Additionally, the NRG Web
Sites may themselves contain
additional terms that govern
particular features or
offers (for example,
sweepstakes or chat areas).
In the event that any of
the terms, conditions, and
notices contained herein
conflict with the terms and
guidelines contained within
any particular NRG Web Site,
then these terms shall
control.
MODIFICATION OF THESE
TERMS OF USE
NRG reserves the right to
change the terms,
conditions, and notices
under which the NRG Web
Sites are offered, including
but not limited to the
charges associated with the
use of the NRG Web Sites.
You are responsible for
regularly reviewing these
terms and conditions.
Right of Refusal:
NRG and it's agents
reserves the right to refuse
service or reject
application to any
individual or company for
any reason we deem
necessary. Additionally,
your inclusion within NRG as
a member or user of the site
may be terminated at any
time for any reason. Misuse
or malicious use of any of
the NRG resources will
result in termination of
your ability to utilize
those services and
termination is at the sole
discretion of the NRG staff
or agents.
PERSONAL AND
NON-COMMERCIAL USE
LIMITATION
Unless otherwise
specified, the NRG Web Sites
are for your personal and
non-commercial use. You may
not modify, copy,
distribute, transmit,
display, perform, reproduce,
publish, license, create
derivative works from,
transfer, or sell any
information, software,
products or services
obtained from the NRG Web
Sites.
LINKS TO THIRD PARTY
SITES
The NRG Web Sites may
contain links to other Web
Sites ("Linked Sites"). The
Linked Sites are not under
the control of NRG and NRG
is not responsible for the
contents of any Linked Site,
including without limitation
any link contained in a
Linked Site, or any changes
or updates to a Linked Site.
NRG is not responsible for
webcasting or any other form
of transmission received
from any Linked Site. NRG is
providing these links to you
only as a convenience, and
the inclusion of any link
does not imply endorsement
by NRG of the site or any
association with its
operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your
use of the NRG Web Sites,
you warrant to NRG that you
will not use the NRG Web
Sites for any purpose that
is unlawful or prohibited by
these terms, conditions, and
notices. You may not use the
NRG Web Sites in any manner
that could damage, disable,
overburden, or impair the
NRG Web Sites or interfere
with any other party's use
and enjoyment of the NRG Web
Sites. You may not obtain or
attempt to obtain any
materials or information
through any means not
intentionally made available
or provided for through the
NRG Web Sites.
USE OF COMMUNICATION
SERVICES
The NRG Web Sites may
contain bulletin board
services, chat areas, news
groups, forums, communities,
personal web pages,
calendars, and/or other
message or communication
facilities designed to
enable you to communicate
with the public at large or
with a group (collectively,
"Communication Services").
You agree to use the
Communication Services only
to post, send, and receive
messages and material that
are proper and related to
the particular Communication
Service. By way of example,
and not as a limitation, you
agree that when using a
Communication Service, you
will not:
- Defame, abuse,
harass, stalk, threaten,
or otherwise violate the
legal rights (such as
rights of privacy and
publicity) of others.
- Publish, post,
upload, distribute, or
disseminate any
inappropriate, profane,
defamatory, infringing,
obscene, indecent, or
unlawful topic, name,
material, or
information.
- Upload files that
contain software or
other material protected
by intellectual property
laws (or by rights of
privacy or publicity)
unless you own or
control the rights
thereto or have received
all necessary consents.
- Upload files that
contain viruses,
corrupted files, or any
other similar software
or programs that may
damage the operation of
another's computer.
- Advertise or offer
to sell or buy any goods
or services for any
business purpose, unless
such Communication
Service specifically
allows such messages.
- Conduct or forward
surveys, contests,
pyramid schemes, or
chain letters.
- Download any file
posted by another user
of a Communication
Service that you know,
or reasonably should
know, cannot be legally
distributed in such
manner.
- Falsify or delete
any author attributions,
legal or other proper
notices or proprietary
designations, or labels
of the origin or source
of software or other
material contained in a
file that is uploaded.
- Restrict or inhibit
any other user from
using and enjoying the
Communication Services.
- Violate any code of
conduct or other
guidelines that may be
applicable for any
particular Communication
Service.
- Harvest or otherwise
collect information
about others, including
e-mail addresses,
without their consent.
- Violate any
applicable laws or
regulations.
NRG has no obligation to
monitor the Communication
Services. However, NRG
reserves the right to review
materials posted to a
Communication Service and to
remove any materials in its
sole discretion. NRG
reserves the right to
terminate your access to any
or all of the Communication
Services at any time without
notice for any reason
whatsoever.
NRG reserves the right at
all times to disclose any
information as 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 NRG's sole
discretion.
Always use caution when
giving out any personally
identifying information
about yourself or your
children in any
Communication Service. NRG
does not control or endorse
the content, messages, or
information found in any
Communication Service, and,
therefore, NRG specifically
disclaims any liability with
regard to the Communication
Services and any actions
resulting from your
participation in any
Communication Service.
Participants are not
authorized NRG
spokespersons, and their
views do not necessarily
reflect those of NRG.
Materials uploaded to a
Communication Service may be
subject to posted
limitations on usage,
reproduction, and/or
dissemination. You are
responsible for adhering to
such limitations if you
download the materials.
MATERIALS PROVIDED TO NRG
OR POSTED AT ANY NRG WEB
SITE
NRG does not claim
ownership of the materials
you provide to NRG
(including feedback and
suggestions) or post,
upload, input, or submit to
any NRG Web Site or its
associated services
(collectively
"Submissions"). However, by
posting, uploading,
inputting, providing, or
submitting your Submission
you are granting NRG, its
affiliated companies, and
necessary sublicensees
permission to use your
Submission in connection
with the operation of their
Internet businesses
including, without
limitation, the rights to:
copy, distribute, transmit,
publicly display, publicly
perform, reproduce, edit,
translate, and reformat your
Submission; and to publish
your name in connection with
your Submission.
No compensation will be
paid with respect to the use
of your Submission, as
provided herein. NRG is
under no obligation to post
or use any Submission you
may provide and may remove
any Submission at any time
in NRG's sole discretion.
By posting, uploading,
inputting, providing, or
submitting your Submission
you warrant and represent
that you own or otherwise
control all of the rights to
your Submission as described
in this section including,
without limitation, all the
rights necessary for you to
provide, post, upload,
input, or submit the
Submissions.
SOFTWARE AVAILABLE ON THE
NRG WEB SITES
Software (if any) that is
made available to download
from the NRG Web Sites,
excluding software that may
be made available by
end-users through a
Communication Service
("Software"), is the
copyrighted work of NRG
and/or its suppliers. Your
use of the Software is
governed by the terms of the
end user license agreement,
if any, which accompanies or
is included with the
Software ("License
Agreement"). You may not
install or use any Software
that is accompanied by or
includes a License Agreement
unless you first agree to
the License Agreement terms.
For any Software not
accompanied by a license
agreement, NRG hereby grants
to you, the user, a
personal, non-transferable
license to use the Software
for viewing and otherwise
using the particular NRG Web
Site in accordance with
these Terms of Use, and for
no other purpose provided
that you keep intact all
copyright and other
proprietary notices. All
Software is owned by NRG
and/or its suppliers and is
protected by copyright laws
and international treaty
provisions. Any reproduction
or redistribution of the
Software is expressly
prohibited by law, and may
result in severe civil and
criminal penalties.
Violators will be prosecuted
to the maximum extent
possible. WITHOUT LIMITING
THE FOREGOING, COPYING OR
REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR
LOCATION FOR FURTHER
REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY
PROHIBITED. THE SOFTWARE IS
WARRANTED, IF AT ALL, ONLY
ACCORDING TO THE TERMS OF
THE LICENSE AGREEMENT. You
acknowledge that the
Software, and any
accompanying documentation
and/or technical
information, is subject to
applicable export control
laws and regulations of the
USA. You agree not to export
or re-export the Software,
directly or indirectly, to
any countries that are
subject to USA export
restrictions.
LIABILITY DISCLAIMER
THE INFORMATION,
SOFTWARE, PRODUCTS, AND
SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE NRG
WEB SITES MAY INCLUDE
INACCURACIES OR
TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION
HEREIN. NRG AND/OR ITS
RESPECTIVE SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR
CHANGES IN THE NRG WEB SITES
AT ANY TIME. ADVICE RECEIVED
VIA THE NRG WEB SITES SHOULD
NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL, OR
FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO
YOUR SITUATION.
NRG AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE
INFORMATION, SOFTWARE,
PRODUCTS, SERVICES, AND
RELATED GRAPHICS CONTAINED
ON THE NRG WEB SITES FOR ANY
PURPOSE. ALL SUCH
INFORMATION, SOFTWARE,
PRODUCTS, SERVICES, AND
RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. NRG
AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND
CONDITIONS WITH REGARD TO
THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES, AND
RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES AND
CONDITIONS OF
MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT.
IN NO EVENT SHALL NRG
AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES, OR
ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS
OF USE, DATA, OR PROFITS,
ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR
PERFORMANCE OF THE NRG WEB
SITES, WITH THE DELAY OR
INABILITY TO USE THE NRG WEB
SITES OR RELATED SERVICES,
THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES, AND
RELATED GRAPHICS OBTAINED
THROUGH THE NRG WEB SITES,
OR OTHERWISE ARISING OUT OF
THE USE OF THE NRG WEB
SITES, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY OR
OTHERWISE, EVEN IF NRG OR
ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES.
BECAUSE SOME
STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE NRG
WEB SITES, OR WITH ANY OF
THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE NRG
WEB SITES.
SERVICE CONTACT:
info@nrgmembers.com
TERMINATION/ACCESS
RESTRICTION
NRG reserves the right,
in its sole discretion, to
terminate your access to any
or all NRG Web Sites and the
related services or any
portion thereof at any time,
without notice.
GENERAL
This agreement is
governed by the laws of the
State of Texas, U.S.A. You
hereby consent to the
exclusive jurisdiction and
venue of courts in Harris
County, Texas, U.S.A. in all
disputes arising out of or
relating to the use of the
NRG Web Sites. Use of the
NRG Web Sites is
unauthorized in any
jurisdiction that does not
give effect to all
provisions of these terms
and conditions, including
without limitation this
paragraph. You agree that no
joint venture, partnership,
employment, or agency
relationship exists between
you and NRG as a result of
this agreement or use of the
NRG Web Sites. NRG's
performance of this
agreement is subject to
existing laws and legal
process, and nothing
contained in this agreement
is in derogation of NRG's
right to comply with
governmental, court, and law
enforcement requests or
requirements relating to
your use of the NRG Web
Sites or information
provided to or gathered by
NRG with respect to such
use. If any part of this
agreement is determined to
be invalid or unenforceable
pursuant to applicable law
including, but not limited
to, the warranty disclaimers
and liability limitations
set forth above, then the
invalid or unenforceable
provision will be deemed
superseded by a valid,
enforceable provision that
most closely matches the
intent of the original
provision, and the remainder
of the agreement shall
continue in effect. Unless
otherwise specified herein,
this agreement constitutes
the entire agreement between
the user and NRG with
respect to the NRG Web
Sites, and it supersedes all
prior or contemporaneous
communications and
proposals, whether
electronic, oral, or
written, between the user
and NRG with respect to the
NRG Web Sites. A printed
version of this agreement
and of any notice given in
electronic form shall be
admissible in judicial or
administrative proceedings
based upon or relating to
this agreement to the same
extent and subject to the
same conditions as other
business documents and
records originally generated
and maintained in printed
form.
COPYRIGHT AND
TRADEMARK NOTICES:
All contents of the
National Roof Group Web
Sites are: Copyright ©
1995-2007 National Roof
Group and Rayburn Design and
Marketing and/or its
suppliers, 10134 Sagecourt,
Houston, Texas 77089, U.S.A.
All rights reserved.
TRADEMARKS. National Roof
Group, RoofingChannel.com,
Roofing Entrepreneur
Magazine, I am Roofing, You
are Roofing, Roofwebs,
Fusion Printing, On-Site,
Roofer's Auction, Roofer
Database, NRG Elite, Roof
Campus, Blast Radius Direct
Mail, and/or other NRG
products referenced herein
are either trademarks or
registered trademarks of
National Roof Group. The
names of actual companies
and products mentioned
herein may be the trademarks
of their respective owners.
Any rights not expressly
granted herein are reserved.
ADDITIONAL
TERMS
AUCTIONS &
CLASSIFIEDS
ELIGIBILITY;
AUTHORIZED USE
You warrant that you are at
least 18 years of age and
possess the legal authority
to enter into this agreement
and to use NRG Auctions &
Classifieds, including the
buying, selling and listing
of items, and any other
services offered on this
site (collectively, the
"Services") in accordance
with all terms and
conditions herein. If you
are buying or selling goods
using the Services, you
further warrant that you
have legal authority to
enter into other binding
agreements for the sale or
purchase of goods. You agree
to be financially
responsible for all of your
use of the Services (as well
as for use of your account
by others, including without
limitation minors living
with you). You agree to
supervise and be responsible
for all usage of minors of
the Services under your name
or account. You also warrant
that all information
supplied by you or members
of your household in using
the Services, including
without limitation your
name, e-mail address, street
address, telephone number,
credit card number, and if
you are selling goods, all
information about your
listed goods, is true and
accurate. Failure to provide
accurate information may
subject you to civil and
criminal penalties.
FEES; PAYMENT
NRG reserves the right to
charge listing fees for
certain listings, as well as
transaction fees based on
certain completed
transactions using the
Services. NRG further
reserves the right to alter
any and all fees from time
to time, without notice.
You shall be completely
responsible for all charges,
fees, duties, taxes, and
assessments arising out of
the use of the Services.
USING THE SERVICES
NRG Auctions & Classifieds
are offered solely as a
forum for you to use the
Services to buy and sell
goods. NRG is not involved
in any transaction between
you and any other party who
uses this Site, and is not
acting as your or any other
party's agent. NRG cannot
screen, censor, or otherwise
control the listings or any
transactions, including
whether a listing is
accurately described,
whether an item can be
legally purchased or sold in
your jurisdiction, or
whether a transaction will
be completed as described by
the seller or the buyer.
Further, NRG cannot control
or warrant the behavior of
the users of the Services.
As such, your use of NRG
Auctions & Classifieds and
its Services is at your own
risk, and NRG disclaims any
liability with regard to use
of the Services and any
actions resulting from your
or any other party's
participation in the
Services. You hereby agree
to release NRG, its
suppliers, service partners,
agents, employees,
consultants, and trustees
from all claims, demands,
and damages, whether actual
or consequential, of every
kind, whether known or
unknown, disclosed or
undisclosed, arising out of
or relating to any and all
listings, transactions, or
any other use of NRG
Auctions & Classifieds and
the Services. Further,
because NRG is not involved
in any transactions between
you and other users of the
Services, NRG cannot and
will not be involved in
resolving any disputes
relating to any completed or
uncompleted transaction for
the purchase or sale of
listed goods.
You warrant that you will
abide by all additional
procedures and guidelines,
as modified from time to
time, in connection with
your use of the Services.
You further warrant that you
will comply with all
applicable laws and
regulations regarding use of
the Services. Without
limitation, by listing an
item for sale, you warrant
that you have the legal
right to sell the item, that
the item is not counterfeit,
and that it is a genuine and
authentic item as described
by the seller; by making a
bid or offer to purchase,
you warrant that you have
the legal right to make the
bid and the resources to
honor the bid.
It is your responsibility
to determine whether the
purchase or sale of any
listed item is authorized by
law, statute, or regulation.
Without limitation, the
following items may not be
sold or offered for sale on
the NRG
Classifieds: firearms,
explosives, and ammunition;
alcoholic beverages; tobacco
products; food that is not
packaged or does not comply
with all applicable laws for
sale to consumers by
commercial merchants;
pharmaceuticals and
controlled substances;
counterfeit, pirated or
stolen goods; counterfeit,
pirated or other
unauthorized software,
including unlicensed back-up
copies, beta or pre-release
software, academic edition
software licensed solely for
use by authorized
educational institutions and
other users, "fulfillment"
software or other software
not intended for general
public distribution, copies
installed on hardware hard
drives without
authorization, or software
unbundled from the hardware
it was purchased on or with;
any goods that infringe or
otherwise violate another
party's rights, including
copyright, patent,
trademark, or rights of
publicity or privacy; goods
that are, in NRG's sole
discretion, indecent,
obscene, or pornographic;
registered or unregistered
securities; goods that you
do not have the legal right
to sell; goods that are
misrepresented or that do
not in fact exist; goods
that, if sold via the
Services, would cause NRG to
violate any law, statute, or
regulation.
NRG reserves the right to
cancel any listing or bid at
any time for any reason,
with or without cause, and
reserves the right to
prohibit or restrict access
to the Services to anyone at
any time, with or without
cause. |