National Installers, Inc. Privacy Policy

National Installers values the privacy of those who visit our Websites. We think it is important for you to understand when and why we collect personally identifiable information and how we may use it. This Privacy Policy describes National Installers data collection and use policies. Please read the entire Privacy Policy before providing any personally identifiable information to us.

Notice

National Installers collects personally identifiable information, such as your name, address, telephone number, or e-mail address, only if you provide this information to us voluntarily. The voluntary information we collect is used for internal verification to complete transactions, and to help provide technical and product support to our users. Where appropriate, National Installers may pass this data to its call centers, marketing professionals, and salespeople to meet your needs. All our employees are committed to protecting personally identifiable information as described in this Privacy Policy.

National Installers may also use your name, address, and e-mail to send you marketing materials and newsletters about new products and services unless you notify us that you do not want to receive these materials.

While browsing the National Installers website, you may be able to access the Websites of third parties through hyperlinks. National Installers assumes no responsibility for the privacy practices of third parties' websites and suggests you review the privacy statements/policies on such websites before sharing your personally identifiable data.

We collect certain aggregate and non-personal information when you visit this website. Aggregate and non-personal information does not relate to a single identifiable visitor. It tells us such things as how many users visited our site and the pages they accessed. By collecting this information, we learn how to best tailor our website to our visitors.

Children's Privacy

This website is not directed to children under the age of thirteen and we do not knowingly collect personal information from children under the age of thirteen on the site. If we become aware that we have inadvertently received personal information from a visitor under the age of thirteen on the site, we will delete the information from our records.

Collection

Certain information, such as the Internet Protocol (IP) address of your computer, may be stored through the use of "cookies" intended to speed your access to National Installers information and services. A cookie is a small file that can be used to tell us when you visit our Websites and track your browsing preferences. National Installers does not use cookies to store information such as email addresses, telephone numbers, or other information you provide. To maintain your privacy, you can disable your browser's ability to accept cookies.

Choice

If you submit personal information, National Installers may contact you or send you marketing information about our products and services. If you no longer wish to receive e-mail or postal notifications about National Installers products or services, please let us know by sending an e-mail to us at jclontz@madixinc.com and specifying that you do not want to receive these notifications. Please provide us with your exact name and address as well as a description of the publication or mail piece you received. We will use reasonable efforts to refrain from including you when sending marketing materials to National Installers customers by noting your election in our database. Keep in mind, however, that you may not receive information on the products and services or other valuable information as a result of your election to be removed from mailing lists.

Other than as described in this Privacy Policy, National Installers will not disclose your personally identifiable information unless required to do so by law or in the good faith belief that such action is necessary to (1) conform to the edicts of the law, (2) protect and defend the rights or property of National Installers, or (3) as part of a transfer of assets to a successor in interest.

We do not sell or otherwise disclose personal information about our website visitors, except as described here. We may share information you provided with service providers we have retained to perform services on our behalf. These service providers are contractually restricted from using or disclosing the information except as necessary to perform services on our behalf or to comply with legal requirements.

We reserve the right to transfer any information we have about you if we sell or transfer all or a portion of our business or assets. Should such a sale or transfer occur, we will use reasonable efforts to direct the transferee to use personal information you have provided through this website in a manner that is consistent with this Privacy Policy.

Access

National Installers will permit you to access information about you in our database by contacting jclontz@madixinc.com. If you believe any of the information is incorrect or needs updating, please advise us. We will correct our records upon verification of the requested change.

Security

National Installers will take reasonable and prudent precautions to ensure that your personally identifiable data is protected against unauthorized access, use, or disclosure.

Enforcement

If you believe for any reason that National Installers has not followed these principles, please contact us at jclontz@madixinc.com, and we will act promptly to investigate, correct as appropriate, and advise you of the correction. Please identify the issue as a Privacy Policy concern in your communication to National Installers.

Change

National Installers may change this Policy from time to time. When changes are made, the Privacy Policy version date (located at the bottom of this Policy) will be changed to show that a revision has been made. You should check periodically to see if the Policy has been changed in a way that could affect you. This Policy is not intended to and does not create any contractual or other legal rights in or in behalf of any party.

Last Updated: 10/27/2009

National Installers, Inc. Terms and Conditions for Use of Website

Welcome to the website of National Installers, Inc. ("National Installers") at http://www.madixinc.com (the "website"). Your use of the website is governed by and is subject to these Terms and Conditions, so please take the time to review them fully. When you access, view or use the website or information and materials available through the website, you agree, personally and on behalf of any company, entity or organization on whose behalf you actually or allegedly act, that you have read and understood the Terms and Conditions, that you agree to them and intend to be legally bound by them. If you do not agree to the Terms and Conditions, you are not authorized to enter the website and must exit it immediately.

National Installers may change the Terms and Conditions at any time. If you use the website after the Terms and Conditions have been changed, you agree to be bound by the changed Terms and Conditions.

Please review our Privacy Notice, which also governs your use of the website.

All works of authorship, information, content, and functional components appearing on the website are protected by law, including U.S. copyright law. Unless otherwise specifically stated herein, all names, trademarks, service marks, symbols, slogans and logos used on the website are the property of National Installers and may not be used by you without written permission from National Installers.

We collect certain aggregate and non-personal information when you visit this website. Aggregate and non-personal information does not relate to a single identifiable visitor. It tells us such things as how many users visited our site and the pages they accessed. By collecting this information, we learn how to best tailor our website to our visitors.

National Installers hereby grants you a limited, non-exclusive, non-transferrable license to access the website and to view and copy information on the website relating to your commercial dealings with National Installers, including account information. You do not have permission to access, view or copy any information or data relating to National Installers's dealings with third parties, and you expressly agree not to access or attempt to access such information.

This limited license does not allow you to re-sell any content from the website, to collect or use information from the website that is not related to you, or any entity for whom you are acting. Nor may you decompile, reverse engineer, disassemble, rent, lease, loan, sell, or create derivative works from the website and any portion of the website. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit the website or any part of the website for any purpose other than to obtain information about your dealings with National Installers.

This site is controlled and operated by National Installers from its offices within the United States of America. National Installers makes no representation that materials in the website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this website is subject to U.S. export controls. No software from this website may be downloaded or otherwise exported or reexported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated National or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

National Installers makes no representation whatsoever regarding the content of any other websites which you may access from this website. When you access a non-National Installers website, please understand that it is independent from National Installers and that National Installers has no control over the content on that website. A link to a non-National Installers website does not mean that National Installers endorses or accepts any responsibility for the content or use of such website.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY MADIX ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MADIX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MADIX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MADIX DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM MADIX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MADIX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By visiting the website, you agree that the laws of the state of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and National Installers.

Terms and Conditions Specific to National Installers Website Use by Freight Forwarders

The following additional Terms and Conditions apply to freight forwarders (the "Forwarders") who utilize National Installers's web-based tools to track orders made by customers of National Installers ("Customers") which whom the Forwarders have agreements to track Customer shipments via this website.

Information

Definition. "Information" is defined as any information provided to you via the website or any links or emails arising therefrom. We act as a conduit for the online distribution and publication of the Information.

Restricted Activities. Concurrent with your access of the website, you shall not engage in any activity which may: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other supplier. Forwarders using this website are additionally hereby prohibited from (a) accessing or viewing any Customer information with whom they do not have express consent to and responsibility for shipments to be viewed by the Forwarder; (b) the use of any of the information on the website for purposes of soliciting Customers; and (c) viewing or otherwise using the information contained on the website to view shipments with which they have no commercial obligation as a Forwarder.

Confidential Information. You agree to not disclose any passwords issued by us or generated by you for access to the website to any person other than those authorized by you to access the website. In addition, you agree to maintain in strict confidence any information on the website (the "Confidential Information") and covenant not to breach the confidentiality of all Confidential Information. Confidential Information includes personally-identifying or sensitive information regarding National Installers's employees, customers (actual or prospective), vendors, contractors or other third parties and their shipping or freight information, including, without limitation, Customer order amounts, costs, and shipment details. Customer acknowledges that the Confidential Information contains valuable and confidential information that is proprietary to National Installers. Furthermore, any technical, financial, experience or data concerning National Installers's business, including, without limitation, its services, plans, programs, plants, processes, products, costs, pricing, equipment, operations, trade secrets, formulae, operations or customers, which may come within knowledge of Customer, its officers or employees in the performance of these Terms and Conditions shall be treated as confidential property of National Installers and not disclosed to others, including governmental agencies, other authorities, or any third party during or subsequent to the term of these Terms and Conditions without in each instance securing the prior written consent of National Installers.

Breach. Without limiting other remedies, we may immediately revoke your user access, issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide our services to you if: (a) you breach these Term and Conditions or the documents it incorporates by reference; (b) you breach any of the terms regarding the use of Confidential Information; or (c) we believe that your actions may cause financial loss or legal liability for you, our other users or us.

Indemnity. You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, 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 and Conditions or the documents they incorporates by reference, your violation of the terms of use of Confidential Information, or your violation of any law or the rights of a third party.

Legal Compliance. All parties to these Terms and Conditions shall comply with applicable domestic and international laws, statutes, ordinances and regulations regarding your use and our provision of the services described herein.

Last Updated: 08/10/2010