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 and although we may attempt to notify you when material changes are made to these Terms of Use, it is your responsibility to periodically review the most up-to-date version of our Privacy Policy
1. Authorized and un-authorized use of website
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, store 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 the Website. Except as otherwise permitted herein, you may not download, use, copy, license, or otherwise exploit any content in any manner or for any purpose without our prior written consent. Any unauthorized use or violation of these Terms of Use immediately and automatically 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 you agree that you will comply with all laws, rules and regulations related to your use of the Website, including, without limitation, any applicable copyright laws or regulations. Some examples of unauthorized or illegal use of this Website include, but are not limited to:
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;
and
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.
You agree to indemnify, defend and hold us and our representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs or expenses, including attorneys' fees and costs, arising from, or related to, (i) any breach by you of these Terms of Use, (ii) the content of any information submitted by you (iii) your use of Content or features available on the Website in an unauthorized manner, and/or (iv) a violation by you of any and all applicable laws, rules, or regulations.
5. Governing Law
The laws of the State of New York (without regard to its conflicts of law rules) shall govern these Terms of Use. You hereby expressly consent to exclusive jurisdiction and venue in the state and federal courts located in New York, New York, for all matters arising in connection with these terms of use and/or your access or use of the Website.
6. Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
7. Miscellaneous
These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this Paragraph 8. If any part of these Terms of Use shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms of Use. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.
8. Contact Us
Please contact us at www.HeatUSA.com or at 1-888-432-8872 with any questions regarding these Terms of Use.
9. Notice
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.
These Terms of Use are effective and were last updated on October 28, 2011.
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