Welcome to the NGCCREDIT.COM Website Portal (the “Site”) operated by NG Corporate, LLC (“NGC”, “we” or “us”).
Please review the following terms and conditions carefully.
- Acceptance of Agreement
By registering to use the Site, you (i) agree to comply with and be bound by this Site Terms and Conditions Agreement (“Agreement”), and (ii) represent and warrant that you have full power, authority and legal capacity to enter into this Agreement. If you do not agree to all of these terms and conditions, you may not access and use this Site. This Agreement is the entire and only agreement between you and us with respect to the content and your use of the Site. There are no other agreements, representations, warranties or understandings with respect to the Site or its content or use. We may revise this Agreement and make changes to the Site content, documents, information or any links at anytime. We may also change these terms and conditions at any time by posting modified, updated or new applicable terms and conditions and revising the “Last Updated” date at the top of this Agreement. Your continued use of the Site after any such posting means that you accept the changes in this Agreement. It is therefore important that you visit this page periodically and review these terms and conditions regularly to ensure you are updated as to any modifications.
- Limited Right to Use
We hereby grant you and your Permitted Users (as defined in Section 5) a limited, revocable, non-exclusive, non-assignable and non-transferable right, which may be terminated at any time, with or without cause, to access and use the Site solely to view, print and/or download any text, content, images, graphics, forms, documents or other material (the “Material”) on the Site and solely by you for your own internal business. You shall not, and shall not permit any third-party to, access or use the Site for any purposes beyond the scope of the rights granted in this Agreement. Without limiting the foregoing, you shall not at any time without our prior written permission, directly or indirectly: (i) copy, modify or create derivative works of any Materials, in whole or in part; (ii) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available any Materials to any third-party; (iii) input, upload, transmit or otherwise provide to the Site any data, content, materials and/or information (collectively, the “Your Materials”) that is unlawful or injurious, or contains, transmits or activates any viruses, worms, Trojan horses, corrupted files, hoaxes, bots, harmful code, denial-of-service attacks, backdoors, packet or IP address spoofing, forged routing, or any similar methods or technology that are of a destructive or deceptive nature; or (iv) access or use the Site in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable law. Except for Your Materials that may be included in the Material, no part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your internal business use (but not for resale or redistribution) without our prior written consent.
- Copyright
All Material and everything you see or read on this Site is protected by copyright under both United States and foreign laws unless otherwise noted and may not be used except as provided in this Agreement. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material.
- Trademarks
All trademarks, logos, and service marks (collectively, “Trademarks”) displayed on the Site are registered or unregistered Trademarks of National Gypsum or other third parties. Nothing contained on the Site may be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on this Site without the written permission of National Gypsum or such third party that may own the Trademarks.
- Access
After your acceptance of these terms and conditions, you will be provided as many individual user identifications (each, a “Permitted User”) as you may reasonably request, each of which will allow the respective Permitted User complete access to your information and data on the Site. We will use reasonable efforts to terminate, within a reasonable period of time, access to your information and data by any Permitted User for which you request in writing. Such efforts may include making available to you certain software for your computers, which is intended to allow the use of a particular user identification with only a particular computer, and similar other tools or software as such items are developed and are available. You will be solely and strictly responsible for (i) maintaining the security of each Permitted User’s access credentials (and we shall not be liable in any manner for your failure to do so), and (ii) uses of the Site resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Permitted Users, and any act or omission by a Permitted User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you.
- Disclaimer and Limitation of Liability
While we use reasonable efforts to include accurate and up-to-date information in this Site, the Site may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, availability or timeliness of the information and services contained on the Site or about the results to be obtained from using the Site. THE INFORMATION AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE). THE INFORMATION AND SERVICES PROVIDED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR SUBSIDIARIES AND AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE OR ANY RELATED INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR SUBSIDIARIES AND AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION AND SERVICES THEREIN WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Indemnification
You agree to indemnify, defend, and hold harmless NGC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, or costs (including reasonable attorneys’ fees) resulting from any third-party claim, suit, action, or proceeding based on, or arising in connection with, your or your Permitted Users' (i) negligence or willful misconduct or (ii) breach of this Agreement, including without limitation, any use of this Site and/or any services made available via the Site in a manner that is not authorized or that otherwise violates the terms hereof. In the event NGC seeks indemnification or defense from you under this provision, NGC shall promptly notify you in writing of the claim(s) brought against NGC for which NGC seeks indemnification or defense. NGC reserves the right, at its option and in its sole discretion, to assume full control of the defense of claims with legal counsel of NGC's choice. You may not enter into any third-party agreement, which would, in any manner whatsoever, affect NGC's rights, constitute an admission of fault by NGC or bind NGC in any manner, without NGC's prior written consent.
- Use of Information and Privacy Policy
We reserve the right, and you authorize us, to the use of all information we may collect from you or that you may provide when you access and use this Site or any application or services provided on the Site in any manner consistent with our Privacy Policy or any other agreement between us and you. Our Privacy Policy, as it may change from time to time, is set forth at: www.nationalgypsum.com/privacy and is hereby incorporated by reference into this Agreement.
- Links to Other Web Sites
The Site contains links to other web sites. We are not responsible for the content, accuracy or opinions expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
- Miscellaneous
This Agreement shall be treated as though it were executed and performed in Charlotte, North Carolina, and shall be governed by and construed in accordance with the laws of the State of North Carolina (without regard to conflicts of laws principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) shall be subject to the limitations set forth in this Agreement and must be instituted within one (1) year after the cause of action arose or be forever waived and barred. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Charlotte, North Carolina. You expressly submit to the exclusive jurisdiction of the courts within such jurisdiction and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
