WEB CENTRAL
WEB CENTRAL
Sunday, September 26,2021
TERMS OF USE
 
AGREEMENT BETWEEN USER AND NUG

The NUG Web Central Web Site is comprised of various Web pages operated by NUG for the convenience and benefit of NUG’ clients and customers

The NUG Web Central Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, which may hereafter be modified from time to time by NUG, without notice, as NUG deems appropriate in its sole discretion. Your use of the NUG Web Central Web Site constitutes your acknowledgement of, and agreement to, all such terms, conditions, and notices in effect and posted on the NUG Web Central Web Site during your use of the NUG Web Central Web Site

MODIFICATION OF THESE TERMS OF USE

NUG reserves the right to change the terms, conditions, and notices under which the NUG Web Central Web Site is offered, without notice, including but not limited to the charges associated with the use of the NUG Web Central Web Site. NUG further reserves the right to terminate the NUG Web Central Web Site and the services provided thereunder without notice at any time and for any reason.

LINKS TO THIRD PARTY SITES

The NUG Web Central Web Site may contain links to other web sites ("Linked Sites"). The Linked Sites are not under the control of NUG and NUG 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. NUG is not responsible for webcasting or any other form of transmission received from any Linked Site. NUG is providing these links to you only as a convenience, your use of such links shall be exclusively at your own risk, and the inclusion of any link does not imply endorsement by NUG of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the NUG Web Central Web Site, you warrant to NUG that you will not use the NUG Web Central Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the NUG Web Central Web Site in any manner which could damage, disable, overburden, or impair the NUG Web Central Web Site or interfere with any other party's use and enjoyment of the NUG Web Central Web Site. You may not obtain or attempt to obtain any materials or information, through any means, not intentionally made available or provided to you through the NUG Web Central Web Site.

USE OF COMMUNICATION SERVICES

The NUG Web Central Web Site may contain message or communication facilities designed to enable you to communicate with NUG and affiliated persons or entities, to pay bills online, or to otherwise manage your account with NUG (collectively, "Services") and you agree to use the Services only to post, send and receive messages or other materials, pay bills, or otherwise manage your account in a manner that is permitted under the terms herein set forth and in accordance with any applicable laws. By way of example, and not as a limitation, you agree that when using the Services, 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 false, misleading, inaccurate, dishonest, 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, interfere with another’s use of the NUG Web Central Web Site or the Services, or access any material or information in any unauthorized or unlawful manner.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless NUG specifically authorizes such messages or advertisements in writing.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file, message, material, document, record or other data posted by another user of a 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 Services.
  • Violate any code of conduct or other guidelines which may be applicable for the NUG Web Central Web Site or the Services.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

NUG has no obligation to monitor the Services and NUG reserves the right to remove any materials in its sole discretion. NUG further reserves the right, in NUG’ sole discretion, to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

NUG 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 NUG's sole discretion.

Always use caution when giving out any personally identifying information about yourself, your family, or your children when using the NUG Web Central Web Site, the Services, or any other online services. Although NUG makes reasonable efforts to prevent any unauthorized conduct by third parties with respect to the NUG Web Central Web Site and the Services, including without limitation reasonable efforts to prevent the upload of viruses or other harmful files and unauthorized access to or misappropriation of personal information posted to the NUG Web Central Web Site, NUG hereby specifically disclaims any and all liability for any and all unauthorized conduct of third parties, including without limitation conduct involving the unauthorized upload of viruses or other harmful files or the unauthorized access to and use by any person or entity of any personal information posted to the NUG Web Central Web Site.

Materials uploaded to the NUG Web Central Web Site 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 NUG OR POSTED AT ANY NUG WEB CENTRAL WEB SITE

NUG does not claim ownership of the materials you provide to NUG (including feedback and suggestions) or post, upload, input or submit to any NUG Web Central Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting NUG, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to use, process, 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. NUG is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in NUG' 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 and that you consent to NUG’ use of such Submission in any manner or for any purpose authorized herein.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE NUG WEB CENTRAL WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NUG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NUG WEB CENTRAL WEB SITE AT ANY TIME AND WITHOUT NOTICE. ADVICE RECEIVED VIA THE NUG WEB CENTRAL WEB SITE 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.

NUG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE NUG WEB CENTRAL WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NUG AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NUG 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 NUG WEB CENTRAL WEB SITE, WITH THE DELAY OR INABILITY TO USE THE NUG WEB CENTRAL WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE NUG WEB CENTRAL WEB SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE NUG WEB CENTRAL WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NUG OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NUG WEB CENTRAL WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NUG WEB CENTRAL WEB SITE. BY ACCESSING AND USING THE NUG WEB CENTRAL WEB SITE, YOU ACKNOWLEDGE AND CONSENT TO THE TERMS AND CONDITIONS HEREIN CONTAINED, INCLUDING WITHOUT LIMITATION THE DISCLAIMERS OF LIABILITY AND LIMITATIONS ON LIABILITY.

SERVICE CONTACT: customerservice@nationalutilitygroup.com

TERMINATION/ACCESS RESTRICTION

NUG reserves the right, in its sole discretion, to terminate your access to the NUG Web Central Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Elkhart County, Indiana, U.S.A. in all disputes arising out of or relating to the use of the NUG Web Central Web Site. Use of the NUG Web Central Web Site 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 NUG as a result of this agreement or your use of the NUG Web Central Web Site. NUG' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NUG' right to comply with governmental, court and law enforcement requests or requirements relating to your use of the NUG Web Central Web Site or information provided to or gathered by NUG 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 and the remainder of the agreement shall continue in effect as if such unenforceable provision had never been made a part of this agreement. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NUG with respect to the NUG Web Central Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NUG with respect to the NUG Web Central Web Site. 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. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

NUG reserves all rights NUG may have with respect to any and all contents of the NUG Web Central Web Site, including without limitation any rights to which NUG may be entitled under the copyright or trademark laws of the United States of America.

TRADEMARKS

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.

 
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