| Working Draft of Terms of Use and Notices AGREEMENT BETWEEN
USER AND POLYTECH PRODUCTS INC.
This Agreement governs your use of the HeatLink Web
Site operated by Polytech Products Inc. ("Polytech").
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 (http://www.heatlinkgroup.com/Consumer/PrivacyPolicy.asp),
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 change the terms,
conditions, and notices under which the HeatLink Web Site and HeatLink
Services are offered. You are responsible for regularly reviewing these
terms and conditions. Continued use of the HeatLink Web Site or HeatLink
Services after any such changes shall constitute your consent to such
changes.
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 the U.S.A. You agree
not to export or re-export the Software, directly or indirectly, to any
countries that are subject to U.S.A. 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 customer service as directed on
http://www.heatlinkgroup.com/contact.htm with questions or problems with 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 State
of Illinois, U.S.A. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Morton Grove, Illinois, U.S.A. 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
© 1999-2002 Polytech Products Inc. and/or its suppliers, c/o Polytech
Products Inc. All rights reserved.
TRADEMARKS. HeatLink is a registered trademark of
Polytech Products Inc.. The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies, organizations, products,
people and events depicted herein are fictitious. No association with any
real company, organization, product, person, or event is intended or should
be inferred.
Any rights not expressly granted herein are
reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT.
Revised November 4, 2005 |