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Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.  BY ACCESSING, USING OR DOWNLOADING MATERIALS FROM THE SUSSMANBOILERS.COM SITE OR ANY MOBILE APPLICATION OR OTHER SERVICES PROVIDED BY OR IN CONJUNCTION WITH US, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THIS WEBSITE OR ANY MOBILE APPLICATION OR OTHER SERVICES PROVIDED BY OR IN CONJUNCTION WITH US.

These Terms and Conditions (“Terms”) apply to your access to and use of our websites, mobile applications, blogs, emails, text messages and social media accounts, including, but not limited to, sussmanboilers.com (collectively, the “Website”) provided by Sussman-Automatic Corporation (“Sussman”, “we”, “our” or “us”) and any feature, content, tools and services accessible by means of the Website, including without limitation, your viewing or downloading of information.  These Terms do not alter in any way the terms or conditions of any other agreement you may have with Sussman.  If you are using the Website on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf, and that the entity agrees to be responsible to Sussman if you violate these Terms.

Your use of the Website is conditioned upon the version of these Terms in force at the time of your use.  We reserve the right to change these Terms at any time in our sole discretion and you waive any right you may have to receive specific notice of such changes or modifications.  If you continue to access or use the Website following our posting of any changes to these Terms, we will consider that you have accepted the changes. 

If you have any questions regarding the use of the Website, please email us at seb@sussmancorp.com

You may be required to register with Sussman to use the Website (or parts thereof).  If so, you will (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Website (the “Registration Data“); (ii) maintain and promptly update the Registration Data, and any other information you provide to Sussman, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Sussman.

1.A. Additional Acknowledgements and Limited License

Subject to the terms and conditions and limitations set forth in these Terms, Sussman grants you a non-exclusive, non-transferable, revocable, limited license to access, use, and display this Website and the materials thereon only for your personal, non-commercial use.  The terms of the license will also govern any upgrades provided by Sussman that replace and/or supplement the original Website (or part(s) thereof), unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.  

You agree not to access, use or display the Website, including without limitation any information viewed on or downloaded from it (“Materials”) for any commercial purpose and/or to infringe upon or violate the rights of Sussman, our users or any third party.  Nothing herein shall operate as a transfer of right, title or interest in and to the Materials, or copies of the Materials, which right, title and interest shall remain the exclusive property of Sussman and you (i) must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; (ii) may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and (iii) must not transfer the Materials to any other person.  In addition, you agree not to interrupt or attempt to interrupt the operation of this Website in any way or to otherwise attempt to or actually damage, disable, overburden, impair, modify, adapt, hack or emulate this Website and/or its functionality.  If you violate any of these Terms, including without limitation, the foregoing restrictions, your right to use of the Website will immediately cease, and you will have infringed the copyright and other rights of Sussman, which may subject you to prosecution and damages.  Sussman reserves all rights not expressly granted to you in these Terms.

In exchange for Sussman providing you with access to the Website, you consent to Sussman collecting and using technical data, personal information and related information in connection with your use of the Website, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Website and of software updates, product support and other services.  You also consent to our communicating with you about the Website.

Sussman does not warrant that the Website will be compatible or interoperable with your computer hardware, mobile device or any other hardware, software or equipment installed on or used in connection with your computer hardware or mobile device.

Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.

You acknowledge and agree that your use of the Website must also be in accordance with the usage rules established by your internet service provider, mobile device platform or other service or platform provider.

When you use the Website or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically.  We will communicate with you by email or by providing notices via the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing.  Electronic communications from us, including emails, may include marketing and promotional content.

1.B. Intellectual Property Information

This Website, including without limitation all Materials, is copyrighted by Sussman-Automatic Corporation and protected by United States and international copyright law including all treaties to which the United States is a party.  You agree to comply with all such copyright laws in your access to and use of this Website and to prevent any unauthorized copying of the Materials.  Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of Sussman-Automatic Corporation.

Copyright infringement is a violation of federal law subject to criminal and civil penalties.

Except as expressly provided herein, Sussman does not grant any express or implied right to you under any copyrights, patents, trademarks, or other intellectual property.

The Sussman company names, logos, service names, product names, domain names and other distinctive brand features identified on this Website are trademarks or service marks of Sussman-Automatic Corporation and nothing in these Terms gives you a right to use such trademarks or service marks.  All other trademarks, registered trademarks, product names and company names or logos made available via the Website are the property of their respective owners.  Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

MR.STEAM, MR. STEAM in Design, MR STEAM, AROMAFLO, AUTOFLUSH, AUTOSTEAM, CLEAN STEAM EVERY TIME, MRSAUNA, MR.SAUNA, STEAM ON DEMAND, STEAM@HOME, SUSSMAN, SUSSMAN LIFESTYLE GROUP, TEMPO, TEMPO/PLUS, TEMPO/REMOTE, TEMPO/EXT, WARMATOWEL, eTEMPO, eTEMPO/PLUS, eTEMPO/REMOTE, eTEMPO/START, STEAMTHERAPY, CLUB THERAPY, CHROMASTEAM, MUSICTHERAPY, MAKING WELLNESS a WAY of LIFE , WATER HEAT PRESSURE, DIGITAL 1, STEAM GENIE, VALET PACKAGE, BUTLER PACKAGE, SPA PACKAGE, VOICEWIZARD, VOICE GENIE, EXPRESS STEAM, FROM BATHROOM TO SPA, iSIZING, iSTEAM, iSTEAM/PLUS, & VIRTUAL SPA SYSTEM  are registered trademarks of Sussman-Automatic Corporation.

A LIFETIME OF PLEASURE, HOMEWIZARD, STEAMSTOP, iTEMPO, iTEMPO/PLUS, STEAM IN A BOX, iGENIE, iSTEAMTV, STEAMSTART, MYSTEAM, SMARTSIZING, THE INTELLIGENT STEAMBATH, iBUTLER, & AUDIOWIZARD are trademarks of Sussman-Automatic Corporation.

All Sussman website design, text, graphics, and the selection and arrangement thereof are the copyrighted works of Sussman-Automatic Corporation (d/b/a Sussman Electric Boilers) © 2015.

1.C. Disclaimer

Sussman reserves the right to change, suspend, remove, discontinue or disable access to the Website at any time without notice.  In no event will Sussman be liable for the removal of or disabling of access to any portion or feature of the Website.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, THE MATERIALS) IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, SAFETY, ACCURACY AND EFFORT IS WITH YOU.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, THE MATERIALS) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  SUSSMAN DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS AND THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, THE MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT SUSSMAN KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE.  SUSSMAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY SUSSMAN OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.

You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your conduct; (ii) your violation of these Terms or your violation of the rights of any third party; or (iii) any User Generated Content you share.

INFORMATION ON THIS WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.  SUSSMAN-AUTOMATIC CORPORATION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS, OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, MEMORANDUM, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THIS WEBSITE.  YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT, MEMORANDUM, OR OTHER INFORMATION SHALL BE AT YOUR SOLE RISK.  SUSSMAN-AUTOMATIC CORPORATION RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THIS WEBSITE.  SUSSMAN-AUTOMATIC CORPORATION  MAY MAKE ANY OTHER CHANGES TO THIS WEBSITE, THE MATERIALS, AND THE PRODUCTS, PROGRAMS, WEBSITES, OR PRICES (IF ANY) DESCRIBED ON THIS WEBSITE AT ANY TIME WITHOUT NOTICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUSSMAN OR ITS DIVISIONS, SUBSIDIARIES, AFFILIATES, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR INTANGIBLE DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, THE MATERIALS); (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, THE MATERIALS); AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, HOWEVER CAUSED, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SUSSMAN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.  IN NO EVENT WILL SUSSMAN’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE (INCLUDING, BUT NOT LIMITED TO THE MATERIALS) EXCEED $100.00 UNITED STATES DOLLARS.

1.D. International Users

This Website is controlled, operated, and administered by Sussman from its offices in the United States of America.  Information that Sussman publishes on this Website may contain references or cross references to programs and services that are not announced or available in your country.  Such references do not imply that Sussman intends to announce such products, programs, or services in your country.

1.E. Third Party Links

Your use of the Website and your contact, interaction or dealings with any third parties arising out of your use of the Website is solely at your own risk.  Sussman’s Manufacturer Representatives, Manufacturer Authorized Dealers, Authorized Internet Retailers and Authorized “E-Tailers” are independent contractors and not agents or employees of Sussman.  Sussman is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any such third party (or any third party) for any reason, including without limitation, personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.

Sussman may provide third-party content via the Website and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. Sussman does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. Sussman is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk and it is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive or offensive nature.

Sussman may run advertisements and promotions from third parties via the Website or may otherwise provide information about or links to third-party products or services via the Website.  Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties.  Sussman is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-Sussman advertisers or third-party information accessible via the Website.

1.F. Information provided by you

The Website includes or may in the future include forums and/or other interactive areas or services (“Interactive Areas”) in or through which you or other users can create, post or share content, suggestions, ideas, comments, materials, data, information, text, photos and/or other materials (“User Generated Content”). You are solely responsible for your use of such Interactive Areas and the User Generated Content you share with Sussman and/or third parties.  Please note that any such User Generated Content shared with Sussman (whether via email or other electronic transmission, post, upload or otherwise) will be deemed non-confidential.  Moreover, by submitting such User Generated Content, you are granting Sussman a perpetual, irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such User Generated Content for any purpose whatsoever including but not limited to developing, manufacturing, and marketing products incorporating feedback.

Please refer to our Privacy Policy, set forth elsewhere on this site, for information on how we collect, use and disclose personally identifiable information from our users.  In the event of a conflict between these Terms and our Privacy Policy, these Terms shall govern.

1.G. Governing Law

These Terms (as well as the Privacy Policy, if any, provided on this Website), and any action arising therefrom or relating thereto, shall at all times be construed and governed by the internal laws of the State of New York, without giving effect to its conflict of laws provisions.  In the event of any matter or dispute arising out of or in connection with these Terms and/or the Privacy Policy, you and Sussman will submit to the exclusive jurisdiction of the state and federal courts in the State of New York, County of New York and you consent to personal jurisdiction and venue in such courts and waive any objection as to inconvenient forum.

1.H. Waiver and Severability

The failure of Sussman to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.  

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in full effect.  Only you and Sussman are entitled to enforce these Terms.  No third party will be entitled to enforce any of the terms and conditions herein.

The Sussman Electric Boilers site (sussmanboilers.com) is owned, operated and provided by Sussman-Automatic Corporation.

Copyright 2015 Sussman-Automatic Corporation.  All rights reserved.