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.
Welcome to www.HeatUSA.com (the "Website"). By visiting and/or accessing this Website, you agree to abide by these terms of use (the "Terms of Use"). If you do not agree with these Terms of Use, you are not authorized by Forty Steps LLC d/b/a HeatUSA.com ("we", "us", "our") to access and/or use any portion of the Website.
These Terms of Use shall remain in full force and effect while you use or access the Website and/or any of our services.
We may, in our sole discretion, modify or revise these Terms of Use. Although we may attempt to notify you when material changes are made, it is your responsibility to periodically review the most up-to-date version of our Privacy Policy.
This Website is not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 18. If you are 18 years old or younger, you are not authorized to submit any information to us without the explicit consent of your parent or legal guardian.
By accessing and using the Website, you represent and warrant that you are 18 years of age or older, and your use of the Website does not violate any applicable law or regulation. The Website and all Content contained herein are provided for your personal, non-commercial use.
You may not use spiders, robots, data mining techniques, or other automated devices or programs to catalog, download, store, or otherwise reproduce or distribute any content made available on the Website. You may not take any action to interfere with the regular functioning of the Website or any other user's use of it.
Except as otherwise permitted, you may not download, use, copy, license, or otherwise exploit any content in any manner without our prior written consent. Any unauthorized use or violation of these Terms of Use immediately terminates your right to use this Website and may subject you to legal liability.
You agree not to use the Website for illegal purposes and to comply with all laws, rules, and regulations related to your use of the Website, including any applicable copyright laws.
Examples of unauthorized or illegal use include, but are not limited to:
All content, including software, text, images, photographs, rate information, price quotes, graphic material, and other copyrightable elements, as well as trademarks and service marks (collectively, the "Content"), are the property of Forty Steps LLC and/or our subsidiaries, affiliates, assigns, partners, licensors, or other respective owners.
We grant you a limited personal, non-exclusive, non-transferable license to use one copy of any Content that you may download from this Website for personal, noncommercial use, provided that you maintain all copyright and other notices.
You agree not to reproduce, modify, create derivative works from, distribute, or circulate any Content without our express prior written consent. You further agree not to disassemble, decompile, reverse engineer, or otherwise modify the Content. Unauthorized use may subject you to civil and criminal penalties.
Links or references to third-party sites on this Website do not constitute endorsement by us or our affiliates. While we make efforts to review the quality and background of such third parties, we are not responsible for their business practices, content accuracy, or product quality.
We are not liable for services, content, or errors of any third-party website. Your use of such third-party services or websites is at your own risk.
Your use of this Website is at your sole risk. The Website and all Content are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including but not limited to 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 for any infections, contamination, delays, inaccuracies, or errors arising from your use of the Website.
Limitation of Liability: To the fullest extent permitted by law, neither we nor our affiliates, officers, employees, or agents shall be liable for any damages (including compensatory, consequential, incidental, indirect, or special damages) resulting from the use of this Website or its Content.
In no event shall our liability to you exceed the amount paid by you, if any, for accessing the Website.
Indemnification: You agree to indemnify and hold us harmless from all third-party claims, liabilities, costs, or expenses arising from: (i) any breach by you of these Terms, (ii) content submitted by you, (iii) unauthorized use of Website Content, or (iv) violation of any applicable law.
The laws of the State of New York govern these Terms of Use. You expressly consent to exclusive jurisdiction and venue in the state and federal courts located in New York, New York.
Our failure to enforce any part of these Terms does not waive our right to do so later. Our rights and remedies are cumulative and not limited to those stated herein.
These Terms of Use and your account are personal and non-transferable. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions herein.
If any provision is found invalid, the remaining provisions remain enforceable. Our performance is subject to applicable laws, and nothing in these Terms limits our right to comply with legal requests.
Please contact us at www.HeatUSA.com or call 1-888-432-8872 with any questions regarding these Terms of Use.
We may provide notice of certain events through this Website or by email if you have provided an accurate address. Such notices are effective upon posting or delivery.
These Terms of Use are effective and were last updated on October 28, 2011.
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