Terms of Use

AGREEMENT BETWEEN USER AND HEATLINK GROUP INC.

This Agreement governs your use of the HeatLink Web Site operated by HeatLink Group Inc. ("HeatLink"). The HeatLink Web Site and HeatLink Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the HeatLink Web Site and HeatLink Services constitutes your agreement to all such terms, conditions, and notices. You agree to familiarize yourself with these Terms of Use, the HeatLink Privacy Statement, and other terms and guidelines found throughout the HeatLink Web Site and abide by them if you choose to use the HeatLink Web Site or HeatLink Services.

MODIFICATION OF THESE TERMS OF USE
HeatLink reserves the right to update or revise these Terms of Use at any time without notice. Please check the Terms of Use periodically for changes. The revised terms will be effective immediately as soon as they are posted on the Web Site and by continuing to use the Web Site you agree to be bound by the revised terms.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless you are a signatory to a HeatLink services agreement, the HeatLink Web Site and HeatLink Services are for your personal and non-commercial use. Except as may be specifically set forth in the HeatLink service agreement(s) (as applicable only to HeatLink Participant web sites), you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from or through the HeatLink Web Site and service.

LINKS TO THIRD PARTY SITES
The HeatLink Web Site may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of HeatLink and HeatLink is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HeatLink is not responsible for webcasting or any other form of transmission received from any Linked Site. HeatLink is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HeatLink of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the HeatLink Web Site and HeatLink Service, you warrant to HeatLink that you will not use the HeatLink Web Site or HeatLink Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HeatLink Web Site or HeatLink Service in any manner that could damage, disable, overburden, or impair the HeatLink Web Site or interfere with any other party's use and enjoyment of the HeatLink Web Site or HeatLink Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HeatLink Web Site.

HEATLINK'S RIGHT TO USE FEEDBACK OR SUGGESTIONS YOU SUBMIT
By submitting any feedback or suggestions to HeatLink concerning the HeatLink Web Site or the HeatLink Service, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting HeatLink and its affiliated companies permission to:
Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions; and
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.
The foregoing grants shall include the right to exploit any proprietary rights in such feedback or suggestions, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. No compensation will be paid with respect to HeatLink's use of the materials contained within such feedback or suggestions. HeatLink is under no obligation to post or use any materials you may provide and may remove such materials at any time in HeatLink's sole discretion. This section also is inapplicable to any documents, information, or other data that you upload, transmit or otherwise submit to or through any HeatLink-Enabled Properties. Please refer to the terms and conditions for such HeatLink-Enabled Properties to determine the rights of the web site or service provider to such documents, information and/or data.

SOFTWARE AVAILABLE ON THE HeatLink Web Site
Software (if any) that is made available to download from the HeatLink Web Site, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of HeatLink and/or its suppliers. Your use of the Software is governed by the terms of the license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, HeatLink hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the HeatLink Web Site and service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by HeatLink and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of Canada. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to Canada export restrictions.

LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HeatLink Web Site AND SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HeatLink AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HeatLink Web Site OR SERVICE AT ANY TIME. ADVICE RECEIVED VIA THE HeatLink Web Site OR SERVICE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HeatLink AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE HeatLink Web Site OR SERVICE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HeatLink AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL HeatLink AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE HeatLink Web Site OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE THE HeatLink Web Site OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE HeatLink Web Site OR SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE HeatLink Web Site OR SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HeatLink OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE HeatLink Web Site OR SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE HeatLink Web Site AND ITS RELATED SERVICES.

SERVICE CONTACT
Contact web@heatlink.ca with questions or problems regarding this Web site.

TERMINATION/ACCESS RESTRICTION
HeatLink reserves the right, in its sole discretion, to terminate your access to the HeatLink Web Site and the related services or any portion thereof at any time, without notice.

GENERAL
This agreement is governed by the laws of the Province of Alberta. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Calgary, Alberta, Canada. in all disputes arising out of or relating to the use of the HeatLink Web Site or service. You agree that no joint venture, partnership, employment, or agency relationship exists between you and HeatLink as a result of this agreement or use of the HeatLink Web Site or service. HeatLink may assign this agreement, in whole or in part, at any time. HeatLink's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HeatLink's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HeatLink Web Site or service or information provided to or gathered by HeatLink with respect to such use. You agree to indemnify and hold HeatLink, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the HeatLink Web Site or HeatLink Service. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement and the HeatLink service agreement(s) (where applicable) constitute the entire agreement between the user and HeatLink with respect to the HeatLink Web Site and HeatLink Service and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HeatLink with respect to the HeatLink Web Site and HeatLink Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

COPYRIGHT AND TRADEMARK NOTICES
All contents of the HeatLink Web Site are: Copyright © 2009 HeatLink Group Inc. and/or its suppliers, c/o HeatLink Group Inc. All rights reserved.

TRADEMARKS
HeatLink, DryBelow, DryAbove, EndBend, HeatSeal, PureLink, SpacerClip, StatLink, SureLink, and TwistSeal are either trademarks or registered trademarks of HeatLink Group Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.