Terms of Service
Last updated: December 06, 2015
Your access to and use of NTOTank.com is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use NTOTank.com.
By accessing or using NTOTank.com you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access NTOTank.com.
By creating an Account on our E-commerce Site, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through NTOTank.com ("Purchase"), you may be asked to supply certain information relevant to your Purchase including your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product, an error in your order, or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product offerings on the NTOTank.com. We may experience delays in updating information on NTOTank.com and in our advertising on other web sites. The information found on NTOTank.com may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on NTOTank.com and we cannot guarantee the accuracy or completeness of any information found on the E-commerce Site.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
NTOTank.com allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the E-commerce Site, including its legality, reliability, and appropriateness.
By posting Content on or through NTOTank.com, You represent and warrant that: (i) you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the NTOTank.com does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
We take no responsibility and assume no liability for Content you or any third party posts on or through the E-commerce Site. However, by posting Content on NTOTank.com, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the website. You agree that this license includes the right for us to make your Content available to other users on NTOTank.com, who may also use your Content subject to these Terms.
National Tank Outlet, LLC has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through NTOTank.com are the property of National Tank Outlet, LLC or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are age 18 or older, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on NTOTank.com.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with NTOTank.com or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on NTOTank.com infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to email@example.com, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on NTOTank.com where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org.
NTOTank.com and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of National Tank Outlet, LLC and its licensors. NTOTank.com is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of National Tank Outlet, LLC.
Links To Other Web Sites
NTOTank.com may contain links to third party web sites or services that are not owned or controlled by National Tank Outlet, LLC.
National Tank Outlet, LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that National Tank Outlet, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the Terms of Service and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to NTOTank.com immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using NTOTank.com.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless National Tank Outlet, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of NTOTank.com, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on NTOTank.com.
Limitation Of Liability
In no event shall National Tank Outlet, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use NTOTank.com; (ii) any conduct or content of any third party on NTOTank.com; (iii) any content obtained from NTOTank.com; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have 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.
Your use of NTOTank.com is at your sole risk. NTOTank.com is provided on an "AS IS" and "AS AVAILABLE" basis. NTOTank.com is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
National Tank Outlet, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) NTOTank.com will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) NTOTank.com is free of viruses or other harmful components; or d) the results of using NTOTank.com will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Tennessee, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding NTOTank.com, and supersede and replace any prior agreements we might have had between us regarding NTOTank.com.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use NTOTank.com after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use NTOTank.com.
If you have any questions about these Terms, please contact us.
National Tank Outlet
4728 Spottswood Ave, Ste 328
Memphis, TN 38117