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TERMS OF ACCESS, USE, SALE AND PAYMENT

 

Norco offers certain Information through our Site to Users, including you. This Agreement governs your Access and use of the Site and Information.  All capitalized terms used in this Agreement have the meanings set forth in Section 1, below.

 

BY ACCESSING OR USING THE SITE, CREATING AN ACCOUNT, LOGGING IN, OR USING ANY OF THE INFORMATION WITHIN THE SITE, YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS, NOTICES AND COVENANTS SET FORTH IN THIS AGREEMENT.  YOU ARE ALSO AGREEING TO ABIDE BY ANY OTHER NOTICES OR POLICIES DESCRIBED IN THIS AGREEMENT OR THE SITE. 

 

IF YOU DO NOT AGREE TO ALL OF THE TERMS CONTAINED IN THIS AGREEMENT OR IN SUCH OTHER NOTICES OR POLICIES DESCRIBED IN THIS AGREEMENT, YOU MUST IMMEDIATELY STOP USING THE SITE AND ALL INFORMATION.   IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, PLEASE CONTACT US BY MAIL AT NORCO, INC., ATTN: COMPLIANCE DEPT., 1125 W. AMITY DR., BOISE, ID, 83705; BY PHONE AT (208) 336-1643; BY FAX AT (208) 385-7320; OR BY E-MAIL AT COMPLIANCE@NORCO-INC.COM.

 

GENERAL TERMS

 

  1. Definitions.

“Access,” “Accessed” or “Accessing” means accessing, using, viewing or otherwise obtaining any content or Information on the Site.

“Agreement” means these Terms of Access, Use, Purchase and Payment and all documents and Information incorporated herein by reference, as the same may from time to time be revised in accordance with the terms of this Agreement.

“Buyer” refers to any individual or entity who places an Order with Norco.

“Information” means, collectively, all information, documentation, products and services made available to you through the Site.

“Norco,” “we,” “us,” and “our” refer to Norco, Inc., which is an Idaho corporation.

“Order” refers to any offer to Norco for the purchase of goods or services or for the use of cylinders or rental equipment.

“Preauthorized Payment” refers to any one-time payment that has been agreed to in advance of the date the payment is processed.

“Privacy Policy” means our privacy policy currently located at www.norco-inc.com/privacy-policy governing our use of your information, as described in this Agreement. The Privacy Policy is incorporated into, and considered a part of, this Agreement.

“Recurring Payment” refers to any payments that will occur repeatedly at a given interval.

“Seller” refers to Norco in the context of an Order being placed by a Buyer.

“Site” means the website of Norco located at the www.norco-inc.com, together with all pages and subdomains thereof and all content and functionality therein.

“User” means any party who accesses the Site or Information.  If a person is accessing the Site or Information as an employee or agent of another, “User” refers to the individual and his/her employer/principal.

“you” or “your” refers to you, as a User of the Site and the Information.

 

  1. Services Available Through the Site.

The Site provides the ability to pay a bill online, purchase select items from Norco and obtain general information about Norco and the products and services we provide.  As additional services are made available on the Site, we may update this Agreement to incorporate such additional services.

 

  1. Legal Capacity; Binding Agreement.

To use the Site and Information, and thereby enter into this Agreement, you must be at least 18 years old.  If you wish to use the Site or Information as an employee of another person or business, or you seek authorization for such business to use the Site and Information, you must have the ability to bind your employer or the business.  If you are entering into this Agreement on behalf of or to bind an entity, the term “you” as used herein includes all employees and authorized agents of such entity that may use the Site or the Information.  It is the entity’s responsibility to ensure that all of its employees and agents understand and abide to the terms of this Agreement.

 

  1. User Responsibilities.

You agree at all times to use the Site and Information in accordance with this Agreement and in accordance with all applicable federal, state and local laws, ordinances and regulations. In all circumstances, as a condition of your use of the Site and/or the Information, you agree that you will not use the Site or Information for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of the Site or the Information (or the network(s) connected to the Site) or interfere with any other person’s use of the Site or Information.  Norco will take whatever lawful steps we deem appropriate, in our sole discretion, to detect and prevent any such activities. Violation of any term in this Agreement is grounds for immediate suspension or termination of your account and/or use of the Site.

 

Without limitation, in using the Site and Information you agree that you will not directly or indirectly:

 

  • transmit, install, transfer or otherwise upload any virus, advertisement, communication or other item to the Site that in any way affects the Site or any computers, servers, networks or databases connected to or related to the Site;
  • permit others to use your account information;
  • misrepresent your identity or personal information when Accessing the Site;
  • violate generally accepted policies and standards for use of the Internet; or
  • interfere with or disrupt the Site or any computers, servers, networks or databases connected to or related to the Site

 

You agree to defend, indemnify and otherwise hold harmless Norco and its officers, directors, agents, employees, shareholders, successors and assigns from and against any causes of action or claim, including court costs, expenses and attorney fees, related to or arising from any prohibited conduct or other improper or illegal use of the Site or breach of this Agreement.

 

  1. Right to Suspend and Block.

Norco reserves the right to deny further access to the Site or the service offered on the Site to any User who violates this Agreement, is the subject of complaints by others or for any other reason or no reason at all.

 

Accessing the Site from locations outside of the United States and Canada may not be lawful and the User does so at its own risk. Norco will not be liable for any access, use, collection of personally identifiable information or any other material that is unlawful in the User’s jurisdiction.

 

You agree not to violate any U.S., foreign or international software or technology export laws and regulations, including without limitation the U.S. Export Administration Regulations.

Norco may suspend your access to the Site and the services offered on the Site at any time if we determine that such action is appropriate to prevent errors or any other harm, to respond to your breach of this Agreement or to mitigate or limit our damages or liability.


  1. Personal Information.

For details regarding how your information is protected and used by Norco, please see our Privacy Policy.

Except as expressly provided in this Agreement, the terms and conditions of Norco's current Privacy Policy apply to your use of the Site and any information you provide.  You are responsible for regularly reviewing the Privacy Policy, as Norco may change its terms from time to time in Norco's discretion.

 

By submitting any contact information and any other personal information (including information regarding your employer) through the Site, you hereby authorize Norco to use and disclose this information in accordance with our Privacy Policy.

 

  1. Limitation of Liability.

To the extent permitted by law, Norco’s liability to any User or other person for any claims, losses, damages, harm or costs arising from or pertaining to the use, operation or functionality of the Site shall be limited to any direct monetary damages incurred and shall not include any indirect, special or incidental damages, including but not limited to loss of data, privacy and/or profits, whether or not Norco has been advised of the possibility of such damages or the theory of liability asserted. Norco’s total cumulative liability to any User or other person in connection with this Agreement, the Site and the Information shall not exceed $50.00. 


  1. Force Majeure.

No party shall be liable for delay in its performance of obligations and responsibilities under this Agreement due to fire, flood, natural disaster, national emergency, war, acts of God or any other cause beyond the reasonable control of the performing party. 

 

  1. Warranty Disclaimer.

NORCO IS PROVIDING THE SITE AND THE INFORMATION ON AN "AS IS" BASIS FOR USE AT YOUR OWN RISK.  NORCO DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  ALTHOUGH NORCO HAS ATTEMPTED TO PROVIDE ACCURATE INFORMATION ON THE SITE, NORCO MAKES NO GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, AS TO THE RELIABILITY, ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION AND ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THEREIN.

 

  1. Third-Party Links and Information.

The Site may contain links to other websites, apps or other content operated or provided by third parties. Such third-party content is not under the control of Norco, and Norco is not responsible for such content or any link contained in a third-party website.  Norco provides those links on the Site only as a convenience and does not review, approve, monitor, endorse, warrant or make any representations with respect to third-party websites.  Norco does not endorse the content or legality of any offers, statements or promises made by any other parties, whether or not Accessed from the Site.  NORCO MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO ANY INFORMATION PROVIDED BY THIRD PARTIES. 

 

  1. Modification of Information or Agreement.

Norco reserves the right, at any time, to modify, suspend or discontinue the Site or the Information or any part thereof with or without notice. You agree that Norco will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

 

Norco may at any time, with or without notice, revise any Information or this Agreement by uploading the amended Information or Agreement to the Site.  By using the Site or the Information after any such revisions are uploaded, you agree to be bound by any such revisions. All revisions to any Information or this Agreement are effective when uploaded to and published on the Site unless a different effective date is specified.

 

  1. Digital Millennium Copyright Act Provisions.

United States copyright law criminalizes production and dissemination of technology, devices or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of a copyright itself.  To notify Norco of a copyright infringement, notice must be given in accordance with the relevant provisions of the Digital Millennium Copyright Act.  If given notice of such an infringement, Norco will investigate the allegation and respond accordingly.

 

  1. General Provisions.

If any provision of this Agreement is for any reason held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

 

This Agreement and any action related thereto will be governed, controlled, interpreted and defined by and under the laws of the State of Idaho, without giving effect to any conflicts of laws principles that require the application of the law of a different state. By using this Site and the Information, you hereby expressly consent to the personal jurisdiction and venue in the state and federal courts for the county in which Norco's principal place of business is located for any lawsuit filed there against you by Norco arising from or related to this Agreement. 

 

This Agreement constitutes the entire agreement between Norco and each User regarding the subject matter hereof. 

 

TERMS OF SALE

 

  1. Acceptance; Agreement; Acknowledgement.

These “Terms of Sale” govern any order for products or services submitted to Norco through the Site.  Unless expressly agreed in writing by Norco, these terms and conditions control and represent the entire agreement between the parties, superseding all prior agreements relating to such Order. In the event of any inconsistency between these general terms and conditions and those elsewhere set forth herein or in any supplemental conditions attached hereto, such additional or supplemental conditions shall prevail. 


  1. Title.

Title to all merchandise purchased through an Order remains the property of Norco until paid for in full. Buyer grants Norco a purchase-money security interest in any merchandise purchased by an Order pursuant to Article 9 of the Uniform Commercial Code.

 

  1. Cylinders and Rental Equipment.

Cylinders and rental equipment may be rented through the Site without title thereto passing to Buyer. A monthly rental charge at established rates will be invoiced at the end of each calendar month. Buyer agrees to be responsible for all loss or damage to any cylinder or rental equipment occurring while in Buyer’s possession. At the time of delivery to and acceptance by Buyer, Buyer is deemed to acknowledge that all such cylinders and rental equipment are in good condition.  In the event of any subsequent damage to cylinders or rental equipment, Buyer agrees to pay those charges necessary to replace or recondition the damaged cylinders or equipment to meet existing D.O.T. standards.  Refilling of cylinders except by Norco or use of rental equipment by anyone other than Buyer without Norco’s written consent is prohibited.

 

  1. Termination for Convenience of Buyer.

Buyer reserves the right to terminate an Order, in whole or in part, for its sole convenience but doing so may incur restocking or other applicable fees based on the work already completed by the Seller, in whole or in part.

 

  1. Termination for Cause.

Buyer may also terminate an Order or any part thereof for cause in the event of any default by Norco or if Norco fails to comply with any of the terms and conditions of the Order.  Late deliveries, deliveries of products which are defective or do not conform to the Order and Norco’s failure to provide Buyer upon request with reasonable assurance of future performance shall constitute cause to terminate an Order.  In the event of termination for cause, Buyer shall not be liable to Norco for any damages.

 

  1. Changes.

Buyer shall have the right to submit a request in writing to make any changes to an Order submitted through the Site, including additions to and deletions from the quantities of items or services ordered or in the drawings, designs, specifications, packaging, time and place of delivery and method of transportation.  If any such change affects the delivery schedule or the amount to be paid by Buyer, Norco shall notify Buyer immediately and negotiate an adjustment.  Norco shall retain the right to make corrections to the Order at the time of fulfillment, including for, but not limited to, taxes and delivery fees. Norco will notify Buyer of any such changes at or before the time of delivery, at Norco’s discretion.

 

  1. Confidentiality; Advertising.

Norco shall consider all information furnished by Buyer to be confidential and shall not disclose any such information to any other person, or use such information itself for any purpose other than those outlined in our Privacy Policy, unless Norco obtains written permission from Buyer.  This paragraph shall apply to drawings, specifications or other documents prepared by Norco for Buyer in connection with an Order.  Norco shall not advertise or publish the fact that Buyer has contracted to purchase goods or services from Norco, nor shall any information relating to an Order be disclosed without Buyer’s written permission. 

 

  1. Insurance.

In the event that Norco’s obligations under an Order require or contemplate performance of services by Norco’s employees or persons under contract to Norco to be done on Buyer’s property, or property of Buyer’s customers, the persons doing such work shall not be considered employees of Buyer.  Norco shall maintain reasonable insurance coverage, including any workman’s compensation insurance required by applicable law.  Norco shall indemnify and hold Buyer harmless from any and all claims or liabilities arising out of its employees’ or contractor’s actions while on Buyer’s property, except to the extent that Buyer’s gross negligence or recklessness contributes to any such damages. 

 

 

  1. Warranty; Specifications.

Norco expressly warrants that all of the materials and goods covered by an Order, or other description or specification furnished by Buyer, shall, unless otherwise specified, be new and in accordance with such Order, description or specification, be free from defects in material and/or workmanship and merchantable and conform to any warranties that arise by implication, by law or by the conduct of the parties.  Norco hereby certifies that all materials and goods it delivers pursuant to an Order have been produced in compliance with all applicable requirements of Section 6, 7 and 12 of the Fair Labor Standards Act, as amended, and of regulations and orders of the Unites States Department of Labor issued under Section 14 thereof.

 

 

  1. Price Adjustments.

Norco makes every effort to communicate complete and accurate pricing.  However, in certain situations the final total cannot be fully calculated until the time of delivery.  Norco retains the right to amend an Order to include additional charges, including but not limited to shipping, packaging, labeling, custom duties, taxes, storage, insurance, boxing and crating. 

 

 

TERMS OF PAYMENT

 

  1. Fees and Finance Charges.

You agree to pay reasonable attorney and collection fees if your account is placed for collection or suit.

 

Balances remaining unpaid on any account after 30 days from the date of the Order are subject to a finance charge at a periodic rate equal to the larger of 1.75% per month (which is an annual percentage rate of 21% before compounding) or such lesser amount as allowed by applicable law.  Norco computes the finance charge by applying the periodic rate to the adjusted balance of your account. That balance is determined by taking the balance you owed at the end of the previous billing cycle and subtracting all payments and credits received during the present billing cycle. To avoid a finance charge, you must pay the new balance shown on your billing statement within 30 days immediately following the billing statement date.

 

  1. Recurring Payments.

For your convenience, you may opt to set up Recurring Payments by checking the box in the online form stating, “I would like to setup recurring payments.”

 

You can also stop Recurring Payments or Preauthorized Payments by calling Norco at (208) 577-5280, or emailing us at Billpay@norco-inc.com.  We must receive your request 5 business days or more before the payment is scheduled to be made.  If you choose to call, your payment stop request must still be received in writing within 5 business days of your call to formally opt out of this feature. 

 

  1. Liability for Failure to Stop Payment of Preauthorized or Reoccurring Payments.

If you request us to stop payment in accordance with the foregoing paragraph and we do not comply, we will refund to your account the amount processed in error.  We will not be liable for losses incurred in cases such as the following


  • you have insufficient funds in your account to make the payment;
  • your payment exceeds the credit limit on your overdraft or credit line; or
  • circumstances beyond our control (such as fire or flood) prevent the stop payment to be made, despite reasonable precautions that we have taken.


All payments must be made at least 5 days before the last day of the calendar month to ensure that the payment is applied before the next billing cycle.

 

  1. Statements and Receipt of Payment.

Your Norco statement will not list any payments made in full. These payment transactions should be reviewed on the statement issued by your bank or other financial institution. If you have any questions about one of these transactions, call or email us at (208) 577-5280 or Billpay@norco-inc.com.


Last Revised 1/25/2017



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