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Terms & Conditions |
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TERMS AND CONDITIONS
Please read these terms carefully before using www.heath-zenith.com (this "Site"). By accessing and using this Site
you indicate your acknowledgment and acceptance of these terms and conditions.
These terms and conditions govern the use of www.heath-zenith.com, and those sites of HeathCo LLC, which are linked to
this Site. These terms and conditions are subject to change without notice. Therefore, if you are a regular user of the
Site, please review these terms and conditions regularly.
Initially, please note that this Site is intended for adult use only and we do not market products to children. Please
do not use this site if you are under 18 years of age without a parent.
Laws/Regulations
Your access and use of this Site is subject to all applicable international, federal, state and local laws and regulations.
Copyright/Trademarks
This Site, including images, text, audio and other components therein ("Materials") are copyrighted materials owned by
HeathCo LLC and protected by worldwide copyright laws and treaty provisions. Elements of this Site are also protected by
copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. You may not use,
copy, reproduce, modify, publish, upload, post, transmit, or distribute Materials and elements of this Site in any way
without HeathCo LLCīs expressed prior written permission. These Materials and elements include, but are not limited to,
names, trademarks, logos, graphics, sounds and images. Except as expressly provided herein, HeathCo LLC does not grant
any express or implied right to users under any patents, copyright, trademarks, or trade secrets.
No Warranties
THIS SITE IS DISTRIBUTED ON AN "AS IS" BASIS. HEATHCO LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY,
RELIABILITY OR COMPLETENESS OF THIS SITEīS CONTENT OR THE CONTENT OF ANY SITE LINKED TO FROM THIS SITE. TO THE EXTENT
PERMISSIBLE BY APPLICABLE LAW, HEATHCO LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
NON-INFRINGEMENT, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SECURITY AND ACCURACY. FURTHER, HEATHCO LLC DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF COMPUTER VIRUSES, Updates and Errors. HEATHCO LLC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THIS SITE. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS
SITE COULD BE OUTDATED OR CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE
INFORMATION HEREIN. HEATHCO LLC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S)
OR SERVICE(S) OFFERED AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. HEATHCO LLC HAS NO DUTY TO UPDATE THIS SITE OR
THE CONTENT HEREOF AND HEATHCO LLC SHALL NOT BE LIABLE FOR ANY FAILURE TO UPDATE SUCH INFORMATION.
YOU AGREE THAT HEATHCO LLC AND ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION
WITH THE USE OF THIS SITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE THE SITE OR A LINKED SITE, EVEN IF HEATHCO
LLC WAS MADE AWARE OF THE POSSIBLITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE
TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USERīS EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION
LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOUR INABILITY TO ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED
ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. HEATHCO LLC CANNOT AND DOES NOT GUARANTEE
CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE. FURTHERMORE, YOU AGREE TO INDEMNIFY HEATHCO LLC AGAINST LIABILITY
FOR ANY AND ALL USE OF THE SITE.
Limitation of Liability for Services Provided by Dealers
YOU UNDERSTAND THAT HEATHCO LLC MAY PROVIDE YOU WITH INFORMATION ABOUT OR LINKS TO DEALERS WHO SELL AND/OR SERVICE
HEATHCO LLC GROUP PRODUCTS IN A CERTAIN GEOGRAPHIC AREA. HEATHCO LLC HEREBY DISCLAIMS ANY LIABILITY, WHETHER IN CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING
WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION
WITH THE GOODS OR SERVICES PROVIDED BY ANY DEALER IDENTIFIED ON THIS SITE, INCLUDING WITHOUT LIMITATION, LIABILITY FOR
ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT
OR OTHERWISE, OF SUCH DEALERS AND YOU HEREBY EXONERATE HEATHCO LLC FROM ANY LIABILITY WITH RESPECT TO THE SAME. PLEASE
REVIEW HEATHCO LLCS WARRANTY INFORMATION FOR DETAILS ON THE WARRANTY PROVIDED BY HEATHCO LLC FOR ITS PRODUCTS.
We are interested in learning whether you are satisfied with the HeathCo LLC or Heath/Zenith dealer you are working
with and HeathCo LLC or Heath/Zenith products. Please e-mail any comments regarding HeathCo LLC or Heath/Zenith products
and dealers to service@heathcollc.com. Any such comments will be used by us to evaluate our products and dealers and
may be used (without identifying you) to promote our products.
Confidentiality of User Communications
Except as required by law and in accordance with the HeathCo LLCīs Privacy Statement. HeathCo LLC will maintain the
confidentiality of all user communications which contain personal user information and which are transmitted directly
to HeathCo LLC. Users should be aware that sites, which are linked to from this Site, may contain confidentiality
provisions that differ from the provisions provided herein. HeathCo LLC is not responsible for such provisions, and
expressly disclaims any and all liability related to such provisions. HeathCo LLC does not knowingly collect personal
information regarding children.
Jurisdiction and Venue
This Site is controlled and operated by HeathCo LLC from its offices within the United States of America. Any claim
relating to this Site shall be governed by the internal substantive laws of the United States and the State of Delaware.
You and HeathCo LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the State
of Delaware. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out
of or related to use of this Site or these terms and conditions must be filed within one (1) year after such claim or
cause of action arose.
Linked Internet Sites
HeathCo LLC prohibits caching, unauthorized hypertext links to this Site and the framing of any materials available
through this Site. HeathCo LLC reserves the right to disable any unauthorized links or frames and specifically disclaims
any responsibility for the contents of any other Internet sites linked to this Site. Access to any other Internet sites
linked to this Site is at your own risk.
You should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions,
transmission of personal data provisions, and other provisions that differ from the provisions provided on this Site.
HeathCo LLC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.
Violation of Terms and Conditions
HeathCo LLC reserves the right to seek all remedies available at law and in equity for violations of these Terms and
Conditions, including the right to block access from a particular Internet address to this Site.
Access to Password Protected/Secure
Access to and use of password protected and/or secure areas of this Site is restricted to authorized trade users only.
Individuals misusing passwords and unauthorized individuals attempting to access restricted areas of this Site may be
subject to civil liability and criminal prosecution.
Miscellaneous
HeathCo LLC operates this Site and reserves the right to change these terms and conditions at any time and from time to
time without notice. Changes in these terms and conditions will be effective upon posting or as otherwise specified by
HeathCo LLC. The failure of HeathCo LLC to exercise or enforce any right or provision of these terms and conditions shall
not constitute a waiver of such right or provision. The section titles herein are for convenience only and have no legal
or contractual effect.
If you have any questions regarding these terms and conditions, or the Site, please contact us at service@heathcollc.com.
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