Terms of Use

Date of Last Revision: May 29, 2007

Your use of this website is subject to the terms and conditions of use contained in this written statement, and by using the Web Site you agree to be bound by these terms and conditions of use.  Please review them carefully.

This Web Site provides information about our products and services, as well as information for contacting NFI.  By accessing or using our web site at www.taraform.com, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"). We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do so, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Web Site after any such changes constitutes your acceptance of the new Terms of Use.  If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Web Site. It is your responsibility to regularly check the Web Site to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Eligibility -- Children Under 13

You must be at least 13 years old to request information from or to submit information about yourself to this Web Site.  We do not knowingly offer our services to or collect information about anyone under the age of 13.

Account Accuracy and Security

In consideration of your use of the Web Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any information forms on the Web Site (b) maintain the security of your own personally identifiable information; (c) be responsible for maintaining and promptly updating any information you provide to us, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You agree to notify us immediately if you suspect any unauthorized use of any information you have provided to us or to the Web Site. By using the Web Site, you represent and warrant that your use of the Web Site does not violate any applicable law or regulation.

Proprietary Rights in Site Content; Limited License

All content on the Web Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the " Web Site Content"), are the proprietary property of NFI, its Users or its licensors with all rights reserved. No Web Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without our prior written permission.  Unless explicitly stated herein, nothing in these Web Site Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

Trademarks

The name “TARAFORM”, “National Formwork” and NFI’s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of NFI and/or TARAFORM in the U.S. and/or other countries. TARAFORM and/or NFI’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of NFI and/or TARAFORM.

User Conduct

You understand that the Web Site and its content are available for your personal, non-commercial use only. You represent, warrant, and agree that Your use of the Web Site shall not violate or infringe upon the rights of any third party, including any of that party’s copyrights, trademarks, privacy, publicity rights, or other personal or proprietary rights; nor shall you use the Web Site for any libelous, defamatory or otherwise unlawful purpose. You further agree not to harvest or collect any information about NFI’s and/or TARAFORM’s other Users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. Additionally, you agree not to use automated scripts to collect information from the Web Site or for any other purpose. You further agree that you may not use the Web Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Web Site. In addition, you agree not to use the Web Site to:

  • upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
  • upload, post, transmit, share or otherwise make available any information that you know is false or misleading;
  • upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
  • upload, post, transmit, share, store or otherwise make available any photographs of another person without that person’s consent;
  • solicit personal information from anyone for any purpose;
  • upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • intimidate or harass another;
  • upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • Use or attempt to use another's information without authorization from NFI, or create a false identity on the Web Site.
  • upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of NFI, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose NFI or its Users to any harm or liability of any type.

We reserve the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of its services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of the services by any person, please contact us.

Links to Other Websites and Content

The Web Site may contain links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software and other content belonging to or originating from third parties (the "Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on the Site, including without limitation the content, accuracy, offensiveness, opinions, reliability or policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of or linking to any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Web Site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Web Site.

Privacy

We care about the privacy of its Users. Click here to view TARAFORM's Privacy Policy. By using the Web Site, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

The Web Site may be temporarily unavailable from time to time for maintenance or other reasons.  We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications.  We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will we be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Web Site, whether online or offline.

THE WEB SITE AND ITS SITE CONTENT ARE PROVIDED "AS-IS" AND NFI DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  NFI CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR ANY SERVICES OR PRODUCTS DESCRIBED ON THE WEB SITE.  NFI DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT THE WEB SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

We reserve the right to change any and all content contained in the Web Site and any services or information offered through the Web Site at any time without notice. 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, or any affiliation therewith, by NFI/TARAFORM.

Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL NFI OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR ANY OF THE WEB SITE CONTENT OR OTHER MATERIALS ON OR ACCESSED THROUGH THE WEB SITE, EVEN IF NFI IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANY FOR ANY SERVICES OR INFORMATION OBTAINED THROUGH THE WEB SITE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM NFI, REGARDLESS OF THE CAUSE OF ACTION.

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 MAY HAVE ADDITIONAL RIGHTS.

Governing Law; Venue and Jurisdiction

By visiting or using the Web Site and/or any services or information provided by or obtained through use of the Web Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and NFI/TARAFORM or any of our affiliates.  In the event of any action to enforce these Terms of Use or arising out of the subject matter of these Terms of Use, or relating to your use of the Web Site or any information obtained from or through your use of the Web Site, you agree that the sole and exclusive forum for such action shall be the Superior Court of California for the County of Butte, or, if that court lacks jurisdiction over the subject matter, the United States District Court for the Eastern District of California.

Indemnity

You agree to indemnify and hold harmless NFI, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your use of the Web Site, or any violation of these Terms of Use or of any law or the rights of any third party.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Web Site or about NFI/TARAFORM’s business, services, or products ("Submissions"), provided by you to us, are non-confidential and shall become the sole property of us.  We own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Other

These Terms of Use constitute the entire agreement between you and NFI/TARFORM regarding the use of the Web Site and/or any services or information provided through the Web Site, superseding any prior agreements between you and NFI/TARAFORM relating to your use of the Web Site. The failure of NFI/TARAFORM to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. These Terms of Use shall operate to the fullest extent permissible by law.  If any provisions of these Terms of Use are held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions

Please contact us with any questions regarding this Agreement, or visit our Frequently Asked Questions page for more information.