TERMS OF USE

Please read the following terms & conditions (the “Terms”) carefully before using this WEBSITE (the "Site").

This WEB SITE (the "Site") is created and operated by Navien, Inc. ("NAVIEN"). Throughout the Site, the terms “we”, “us” and “our” refer to NAVIEN. This agreement ("Agreement") is intended to set forth the terms and conditions in accessing this Site, making purchases through the Site, or using any information contained on this Site.

1. General Conditions

Your use of the Site shall be deemed to be your agreement to each of the terms and all applicable laws set forth below. Certain areas within the Site may be governed by additional terms ("Additional Terms"). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into the Terms herein, and any reference to the Terms includes the Additional Terms.

By using this Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. NAVIEN shall not be liable for any damages to your equipment resulting from the use of this Site.

2. Proprietary Information

All information, documents, products and services, trademarks, logos, graphics, and images ("Materials") provided on this Site are copyrighted and trademarked and are the property of NAVIEN or have been licensed to NAVIEN for NAVIEN'S use. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, and the laws of privacy and communication statutes.

NAVIEN grants you the limited right to display the Materials only on your personal computer for your personal use. You agree not to use the Materials for any other purpose without the prior written consent of NAVIEN. You are not authorized to download, transmit and/or acquire content or material shown on our site. Nor do you have consent to download or upload programs that carry viruses or any computer programs or files that could damage, halt, lessen and/or discontinue or prevent the use of our electronic equipment. You are not authorized to duplicate account information or intellectual property on the Site for any reason. You do not have our consent to publish or distribute through the Site any libelous, obscene, threatening or defamatory content. You are not authorized to upload, copy or distribute and content that is illegal, abusive, invasive of privacy or may incite a criminal offense. Unauthorized use of the Site will result in immediate and permanent suspension of our consent to you by NAVIEN.

3. TRADEMARKS

All copyright, logos and designs (including art, drawings, text, images, videos, trademarks, service marks and trade names) are proprietary to NAVIEN. or other respective owners that have granted the Site the right and license to use such intellectual property. The content as herein described, including software programs and all HTML and codes available throughout the Site, is protected by copyright, it is protected by federal and state laws and international treaty provisions.

ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF CLIQUE TO KNOW, INC. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

You shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. By submitting material to any public area of this Site, you warrant that the owner of such material has expressly granted NAVIEN the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You hereby grant NAVIEN the right to edit, copy, publish and distribute any material made available on this Site by you. The foregoing provisions of this section apply equally to and are for the benefit of NAVIEN, its parent companies, affiliates, merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

4. Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

5. User Comments, Feedback and Other Submissions

Should any viewer of this publication respond with information, including personal information and feedback data such as questions, comments and suggestions regarding the content of any portion of this publication, such information shall be deemed to be non-confidential. NAVIEN shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation. Further, NAVIEN shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such information.

6. Your Account

You may be required to register with NAVIEN in order to access products, certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to NAVIEN including those set forth in these Terms & Conditions, NAVIEN reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

7. User Transactions

If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to NAVIEN the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

8. Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy.

9. Third-Party Links

Certain content, products and services available via our Site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

10. Errors, Omissions, and Interruptions

Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site, should be taken to indicate that all information on the Site has been modified or updated.

We are not responsible if information made available on the Site is not accurate, complete or current. The Material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the Material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our site.

You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of NAVIEN, and NAVIEN shall not be responsible for any data lost while transmitting information on the Internet. While it is NAVIEN'S objective to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of NAVIEN, access to the Site may be interrupted, suspended or terminated from time to time. NAVIEN shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, NAVIEN may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

11. Disclaimer of Warranties

NAVIEN does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

YOU HEREBY EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER NAVIEN, ITS AFFILIATES NOR ANY OF ITS RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE "SITE CONTENTS") ARE PROVIDED BY NAVIEN ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. NAVIEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM NAVIEN ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY LAW, NAVIEN DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

12. Limitation of Liability

In no case shall NAVIEN, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the products or Materials procured using the Site, or for any other claim related in any way to your use of the products or Materials, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content, products, or Materials posted, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend and hold harmless NAVIEN and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees ("Indemnified Parties"), harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. To the extent permitted under applicable laws, you hereby release the Indemnified Parties, as defined herein from any and all claims or liability related to any product or service of a merchant, any action or in-action by merchant, including merchant's failure to comply with applicable law, and any conduct or speech, whether online or offline, of any other user.

14. Severability

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

15. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time when you cease using our Site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products (or any part thereof).

16. Entire Agreement, Waiver & Interpretation

These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us and govern your use of the Materials, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

17. Jurisdiction

The Site is controlled and operated by NAVIEN from the United States, and is not intended to subject NAVIEN to the laws or jurisdiction of any state, country or territory other than that of the United States. NAVIEN does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Viewing and using of any services and materials on the Site constitutes your approval of the Terms. Any action related to these Terms will be governed by the laws of the State of California to resolve any interpretations or disputes and conflicts that arise from this Site.

18. Changes to These Terms

NAVIEN may make improvements and/or change information or products described in this Site, if any, at any time without notice, and further agree that NAVIEN can revise these Terms at any time without notice by updating this posting. Your continued use of the site after such modifications have been made constitutes your acceptance of such revised Terms. We strongly recommend that you periodically review these terms and conditions as such terms and condition shall be subject to modification.

19. Communications, Notices & Contact Information

Your use of the Site is your consent that Navien is authorized to communicate with you via electronic newsletters, agreements, notices, disclosures, and promotional email. We may also transmit email to you for the purpose of informing you about your particular transaction. Unsubscribe instructions are included in each promotional email.

In the case of notices NAVIEN sends to you, you consent to receive notices and other communications by NAVIEN posting notices on the Site, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that NAVIEN provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. All notices to NAVIEN shall be addressed to the below provided contact information.

Notice shall be deemed given (i) 24 hours after the notice is posted on the Site or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Navien, Inc.
Attn: Comfort-Mate Operations Manager
20 Goodyear
Irvine, CA 92618

Tel: (949) 420-0268
Fax: (949) 420-0430
comfortmate@navien.com

20. Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an email to comfortmate@navien.com. You may also contact us by writing to NAVIEN, Attn:Comfort-Mate Operations Manager, 20 Goodyear, Irvine, CA 92618, or by calling us at (949) 420-0268. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

21. Binding Arbitration

By using this Site, you agree that: (1) any claim, dispute, or controversy you may have against NAVIEN arising out of, relating to, or connected in any way with this agreement, this Site, or the purchase and/or use of any products or services shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”); (2) the arbitration shall be held in the county of Orange, state of California, or at such other location as may be mutually agreed upon by you and NAVIEN; (3) the arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (4) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the end user's and/or NAVIEN's individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (5) if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. For more information on AAA and its Rules and Procedures, you may visit the AAA website at http://www.adr.org.

(Last Updated: September 26, 2017)