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I hereby release, waive, discharge, absolve, agree to hold harmless and covenant not to sue HEAT USA II, LLC d/b/a HeatUSA.com ("Company"), and/or any of its subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury and/or death, which I, my heirs, executors, administrators and assigns, had, now have or hereafter may have, by reason of any matter connected in any way with my access of this Website and/or the services I receive in connection with my access of this Website, including, but not limited to, any action, claim or suit for personal injury or loss or damage to property.
1. Authorized and un-authorized use of website
a. collecting usernames and/or email addresses of other users for the purpose of sending unsolicited email;
b. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;
c. using the Website in a manner inconsistent with any and all applicable laws and regulations;
d. using any of our trademarks, names, logos or other intellectual property properties without advance written authorization from us
2. Ownership of Intellectual Property
All content, including without limitation, software, text, images, photographs, rate information, price quotes, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (collectively, the "Content") made available to you by the Website are the property of Forty Steps LLC and/or our subsidiaries, affiliates, assigns, partners, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. We hereby grant you a limited personal, non-exclusive, non-assignable and non-transferable license to use and display, for noncommercial and personal use only, one copy of any Content that you may download from this Website, including, without limitation, any files, codes, audio or images incorporated in or generated by the software, provided that you maintain all copyright and other notices contained in such Content. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of the Content via a third party website) without our express prior written consent. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable federal and state laws.
3. Third Parties
The appearance on the Website of external hyperlinks to third party sites or other references to third parties, in any form, do not constitute endorsement by us or any of our subsidiaries and affiliates of such third parties, including but not limited to, the opinions or views expressed by any such third party websites. Although we take seriously our responsibility to research the quality and background of such third parties, we do not take responsibility for their business practices and/or the accuracy, currency, completeness or quality of the content contained at any such third party websites. Furthermore, we are not responsible for the quality or delivery of the products or services offered, provided, accessed, or advertised by any third party. As such, neither we nor our subsidiaries and affiliates will be responsible or liable to you in any way for any services, content, errors or omissions, or for the results obtained from the use of any third party service and/or information contained in those third party sites.
4. Disclaimer and limitation of liability/indemnity:
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE AND ALL CONTENT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF CONTENT WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. We are not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Website or with respect to the Content contained on this Website. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any Content rests with you.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE WEBSITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT CONTAINED ON THIS WEBSITE, WHETHER PROVIDED OR OTHERWISE SUPPLIED BY US OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall our liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Website and/or any of our services.
5. Governing Law
6. Waiver; Remedies
8. Contact Us
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.