PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please discontinue use of this site and leave this website immediately.
Ownership. This website is
owned and operated by store.activheat.com, limited liability corporation chartered in the State of Delaware. Any requests for information regarding this website should be directed
to store.activheat.com, 47 Grasmere Way, Princeton, NJ 08540, USA.
Temporary
License for Use. This web site is provided free of charge by store.activheat.com for the recreational, informational and on-line shopping use
of store.activheat.com customers, clients, visitors, and others who find the
material on this site of interest. When you enter this website, you are issued
a temporary license to use the software that operates this site ONLY for the
purposes established in these Terms of Use. Your temporary license to use this
software expires immediately when you leave the site. Each re-entry to the site
represents a new temporary license for use. We reserve the right to prohibit
specific users, specific categories of users, users from specific geographic
areas, or groups of users of any other construct we choose, through advance
blocking of IP addresses, internet service providers, or other means. Inability
to enter this site and obtain a temporary use license, due to advance IP
blocking or other methods of blocking, shall not constitute an actionable
offense against store.activheat.com.
Inclusion
of Other Trade Names. store.activheat.com's corporate business is transacted
under various trade names, including, but not limited to ActiVHeat, ActiVHeat.com, Store.ActiVHeat.com, and various other names. All transactions under
any alias or trade name are, in fact, transactions with store.activheat.com.
General
Use of This Website. This website is provided for the sole use of the
customers of store.activheat.com to review the products and offerings made by store.activheat.com, to make decisions about the present or future purchase of products
and services offered, and to enact those purchases, either electronically
through the shopping cart service offered herein. All other uses are prohibited.
Unauthorized Uses. The
content of this website shall not be used, in any way, to facilitate the
construction of a similar website by another party, in violation of the rights
of store.activheat.com under any state or federal statutes designed for protection
of intellectual property or property right. It shall not be used by suppliers or
third parties to determine the degree to which store.activheat.com conforms to any
contractural considerations established in any dealer agreement or sale contract
with a wholesale supplier. store.activheat.com reserves the right to determine
ALL unauthorized uses and may revise or add descriptions of unauthorized used of
this website without notice.
Registration of
Users. From time to time, users of this website may be offered the
opportunity to enter an email address and password to become a Registered User
for purposes of shopping, receiving newsletters or emails, or purchasing
products through the included shopping cart and checkout process of this
website. In so doing, users understand that they are opting in and giving
permission for delivery of promotional material from store.activheat.com. Such
registration shall not constitute permission for the use of their contact
information by individuals or organizations other than store.activheat.com.
Copyright. The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of store.activheat.com. The collective work includes works that are licensed to store.activheat.com. Copyright 2012, store.activheat.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with store.activheat.com or purchasing store.activheat.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with store.activheat.com or to purchase store.activheat.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by store.activheat.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of store.activheat.com used in the site are trademarks or registered trademarks of store.activheat.com.
Inclusion
of Text and Images Under "Fair Use" Doctrine. Some text and images found
on this website may be the property of others and is being used under the
doctrine of fair use for editorial purposes.
Dispute
of Ownership of Text and Images. If you have reason to dispute the
ownership of any text or images contained in the pages of this web site, or if
you claim ownership of any text or materials contained in the pages of this web
site, contact store.activheat.com immediately.
Links to
Other Websites Owned by store.activheat.com. This website offers links to
other websites owned by store.activheat.com. These additional websites are
designed for the promotion of the products or services offered by store.activheat.com or to advance the opinions of store.activheat.com. When users of this website
click links to other websites owned by store.activheat.com, they acknowledge that
in addition to any terms and conditions outlined on the other site, the Terms of
Use listed here also apply.
Hyperlinks to Websites Not Owned
by store.activheat.com. This web site contains links (http hyperlinks) to
certain website pages not owned and operated by store.activheat.com. Permission to
link to those pages was obtained either directly from the site owners, through
blanket permission to include such links given in the textual pages of that
site, or under the fair use principles of information sharing. store.activheat.com makes no claim of ownership to any materials or text contained in other web
sites to which we provide links. store.activheat.com is not responsible for the
content found on any pages outside of the pages that reside on our personal web
servers.
Product Return Policies and Procedures (click this link)
Delivery
Complete Upon Tender to a Common Carrier. Delivery of any product
purchased from this website is considered complete when store.activheat.com
transfers that product to a licensed common carrier or the United States Postal
Service for transportation to the customer. Any failure of a common carrier to
properly deliver a product to an end-consumer is outside of the reasonable
control of store.activheat.com. Disputes about the failure to deliver any items
purchased herein must be directed to the common carrier. We will do everything
possible to assist you, but final responsibility for delivery rests with the
common carrier.
Product Warranties (click this link).
Damage to
Merchandise During Delivery. Damage to packages delivered by a common
carrier are the responsibility of the carrier in question. We will assist you
in obtaining a replacement product if necessary, but payment arrangements must
be made with the common carrier if replacement is due to shipping
damage.
Responsibility for All
Shipping Charges. All sales conducted through this website are sold FOB
(freight on board) from our warehouse in New Jersey, USA. The end consumer is responsible for the
actual freight charges for shipment of any merchandise purchased.
Changes
in Prices for Products Offered for Sale. Prices for products offered for
sale by store.activheat.com change with market conditions and store.activheat.com
reserves the right to make such changes without advance notice. Price changes
are published as required and such publications may occur several times per
day. Prices published for items offered for sale on this website are accurate
as of the moment you download our original pages from our web server. Prices
offered on cached pages may be incorrect. To determine the absolute latest
price on an item, delete all temporary pages from your web browser cache, remove
all temporary pages from your hard drive, and press the REFRESH button on your
web browser. The going price for any item offered for sale on this website can
ONLY be determined by viewing the newest pages for that product from our
server.
Responsibility for Taxes and
Tariffs. Consumers who make purchases from this website are responsible
for all local, state, or federal taxes associated with the purchase. Buyers
from inside the State of New Jersey will be required to pay any applicable city, county, and new Jersey state sales tax at the time of purchase. Buyers from other states and
jurisdictions may also be responsible for some taxes, levies, or duties not
collected at the time of purchase. All such taxes, levies, or duties are the
responsibility of the buyer.
Indexing
of Pages By Outside Websites. The various pages found on this
website are indexed, cached, and stored on various search engines as a result of
the relevant content of the site. Goggle, Yahoo, MSN, Dogpile, AOL, and many
other internet search engines "spider" (index our pages) our site for purposes
of maintaining their directory of products and sites to respond to the search
inquiries of their users. store.activheat.com has no control over the frequency
of their visits to our site and therefore, cannot guarantee the accuracy of the
information they present. Our daily update process operates much faster than
the spiders of the various search engines, so some information such as page
titles, descriptions, prices, images, and other content found on the search
engines may be obsolete. The best way to get the latest information about
prices, products, and information on one of the store.activheat.com websites is to visit
it directly from your browser.
Unauthorized Automated Search of
This Website. You are strictly prohibited from using electronic means to
gather information from this website for any purpose, other than
providing suitable links from a search engine to appropriate pages of this
website. You are prohibited from employing any electronic device designed to
create unusual demand on our servers for the sole purpose of causing denial of
service or other user interruption.
Fraud in
Use of Website for Shopping. The shopping links of this website are
provided to assist you in making online purchases from store.activheat.com. All
orders transmitted to us through this website represent a legal binding contract
to purchase items from store.activheat.com. Any malicious orders or spam orders placed
through this website are a violation of state and federal laws and will be
prosecuted. The unauthorized use of credit card information and numbers in an
attempt to make a purchase, either online or in person, represents a fraud on
the part of the user and is a violation of federal and state laws. The input of
random numbers or the use of any scheme to generate fictitious credit card numbers
in an attempt to make a purchase from store.activheat.com represents a fraud on
the part of the user and is a violation of US federal and state laws. THIS IS NOT
A GOOD WAY TO PLAY A PRANK AND IS NOT A SMART GAME OR TRICK! Any such pranks,
schemes, and attempts, regardless of the nature and intent of those schemes are
deemed to be legitimate attempts to make a purchase and as such immediately
become a fraud upon store.activheat.com. store.activheat.com will IMMEDIATELY report all
information possible about such uses to local authorities and will participate
in any way possible in the prosecution of individuals who attempt to defraud us
using illegal or unauthorized credit card information in an attempt to make
purchases.
Inclusion
of Third Party Content. This website allows users to input comments
about products and services directly from a web browser. Those comments are
published immediately upon entry. This content will typically be in the form of
product reviews or other comments about products offered for sale herein. store.activheat.com is not responsible for the opinions or views of people posting such
comments, nor is store.activheat.com responsible for any consequential damage
done to any owner, user, manufacturer, distributor, patent owner, designer,
or any other related entity or individual that results from the negative
comments made about any product or service offered on this website.
Right to
Edit Third Party Content. Content provided by third parties is subject
to automatic, electronic edit by our staff or software to prevent the publication of
obsene language or offensive words. Dstore.activheat.com reserves the right to
further edit, redact, or remove any third party content deemed inappropriate or
damaging to the interests of store.activheat.com and any of its manufactures or
suppliers. The editing, redacting or removal of any third party content shall
not be judged as harm upon the original poster of the third party content, but
simply represents the exercise of the rights of store.activheat.com to protect its
own interests. However, our refusal or delays to edit, redact, or remove third
party content shall not be deemed as a surrender of the rights to edit, redact,
or remove the content in the future, nor shall it be deemed as a recoverable
injury to any party harmed as a result of the failure to edit, redact, or remove
the content.
Site
Content Provided Without Warranty. The content of this web site,
including the software herein, is provided without warranty, express or
implied. store.activheat.com is not responsible for any loss you might sustain as
a result of the use of any content contained in this web site. Descriptions of
products or services offered may contain errors. store.activheat.com is not
responsible for any damages, financial or otherwise, as a result of your use of
this web site or any material contained herein.
Verification of Dates and
Schedules. This web site contains product availability schedules of store.activheat.com, and other specific information that govern date
sensitive activities. Users of this site should verify any date given herein
and should use their own resources to verify the validity of date sensitive
information including checking this website regularly for changed shipping schedules. store.activheat.com is not responsible for any economic damages
incurred by a website user as a result of wrong dates, changes for dates, or
errors that result in conflicts of dates.
No Offer
of Credit or Financing. This web site contains information about
financing and financial matters that might be governed by various laws of the
United States, or a particular State, including but not limited to the Consumer
Credit Fairness Act. THERE IS NO DIRECT OR IMPLIED OFFER OF CREDIT CONTAINED IN
ANY PAGE OR DOCUMENT ON THIS WEB SITE. Offers of credit require qualification by store.activheat.com and other credit providers acting as vendor for store.activheat.com.
No
Warranty for Legal Information Provided in This Site. This web site
offers information about liability waivers, legal dealer agreements, and
other issues that have considerable legal impact on a reader or user. Any such
information is offered purely from the perspective of a layperson and is not intended to
outline a defensible legal position or an accurate interpretation of any court
cases in the State of New Jersey or any other state. In fact, any conclusions
offered regarding legal positions on any aspect of using heated products or the operation of store.activheat.com may be in error. The user is cautioned to seek proper legal advise and to not
rely upon any positions or theories advanced in this web site.
Promotions Can Change Without
Notice. From time to time, store.activheat.com may offer prize giveaways as a
part of our promotional efforts of our products. Such offers can be originated
or stopped without notice. Winners of any prizes or promotions will be
determined by store.activheat.com and such determination is final and without
appeal. Winners may be required to provide certain information or to perform
certain tasks in order to receive the offered prizes. When prize offers require
registration, any information you provide during the registration process will
be held in confidence. store.activheat.com makes very limited use of registration
information for promotional purposes and we NEVER sell or distribute your
information to other parties or organizations. Your chance of winning any prize
offered by store.activheat.com represents a game of prior probability and your
chances of winning are directly related to the number of people who register and
cannot be determined or published in advance. Prize giveaways and prize
promotions can end at any time without notice, even in the middle of a prize
registration cycle. When giveaways or offers are made, they are void in states
or jurisdictions where they are prohibited by law.
Unlawful
Use of Email Addresses. Various pages on this website contain email
addresses to aid our users in contacting the staff at store.activheat.com. The
email addresses contained herein are not intended for any other purpose. The
manual or electronic harvesting of email addresses from this website for
promotional or other purposes is strictly prohibited.
Website
Contains Editorial Comments. This website contains materials which
should be judged as editorial comments about products, services, and companies
that serve the industries associated with the product content of this website. These editorial comments are typically in the form of articles and papers
written by the principals and agents of store.activheat.com, or third parties. In
addition, this website may contains links to blogs, separate websites
reserved strictly for editorial comments and promotion of the products and
services offered by store.activheat.com. The publication of such editorial
comments simply represent the opinion of the writers of these blogs.
Force
Majure. Delivery of any product, service, software, or software
functions provided or offered on this website could be interrupted by force
majure. store.activheat.com is not responsible for the inability to deliver any
product or service as a result of acts of god, extreme weather, war, acts of
war, terrorism, natural calamity, labor disputes, labor strikes, or other forces
beyond our control. Our responsibility for the inability to deliver as a result
of force majure are absolutely limited to the remedy of return of any funds
advanced to store.activheat.com for such services. We are not responsible for,
nor do we accept responsibility for, any other damages, actual or
incidental.
Admission
of Errors. We recognize that this website may contain errors. These
errors may be errors of omission or commission in the description of products
offered for sale, in the price of such products, in the dates and times of
classes and travel events, or any variety of other errors. Users of this site
should not make decisions, make plans, or otherwise commit themselves as a
result of anything contained in this web site without further verification of
the facts contained herein. Actions taken by a user that results in the
purchase of a product whose image, description, or price is proven to be in error will be
cured only through the return of the original purchase price of the item. No
other damages will be recognized.
No
Delivery on Transactions Containing Errors. store.activheat.com reserves
the right to cancel any order that contains accidental errors in pricing for any
item or items. We further reserve the right to cancel any order that is entered
with a promotional code, gift certificate number, or other discount mechanism
that the purchaser is not entitled to receive. store.activheat.com will notify
any user of such action using the contact information provided with the
order.
Status of
Any Legal Dispute That Arises From Use of This Website. Any disputes
that arise as a result of the use of this website will be governed by the laws
of the State of New Jersey. User agrees that should any action be taken against store.activheat.com as a result of any transaction associated with this website
will be taken in the courts of Mercer County in the State of New Jersey , USA and in no
other state or jurisdiction.
Your use of this site shall be governed in all respects by the laws of the state of New Jersey, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of store.activheat.com products) shall be in the state or federal courts located in Trenton, New Jersey, U.S.A.. Your viewing and use of this site means you agree that no content, offers, transactions, emails or other communications relating to this site or any products on this site will be used to support personal jurisdiction in any state or federal court that is not located in New Jersey, U.S.A. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of store.activheat.com products) must be commenced within one (1) year after the claim or cause of action arises. store.activheat.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. store.activheat.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Date of
Publication. This web site was originally published on August 23, 2009
and such publication represents an exclusive copyright on the published
materials as provided by applicable statues of the United States. Each revision
of this site results in a complete republishing of this site and copyright
protection begins anew with each republication.
Delivery
of Notice. Should store.activheat.com need to notify any user of any
condition or circumstance which might result from the use of this website, we
reserve the right to make notification to the mailing address or email address
of registered users, or through public statement on this website. Delivery of
any notices through these means shall be deemed as legal Delivery of Notice. store.activheat.com shall not be required to deliver any notices to specific users
who choose to use these pages and this website as an anonymous user.
Survival
of These Terms of Use After Removal From Public Domain. store.activheat.com
reserves the right to revise, extend, eliminate, or alter the Terms of Use of
this web site without notification. If these Terms of Use are unchanged, they
remain valid for a period not to exceed ten (10) years after the latest change
or ten (10) years after removal of this site from the public domain, the
appropriate period being that period that results in the furthermost date from
the original date of publication of these Terms of Use.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, store.activheat.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. store.activheat.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. store.activheat.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
store.activheat.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if store.activheat.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a store.activheat.com product is mistakenly listed at an incorrect price, store.activheat.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. store.activheat.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, store.activheat.com shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by store.activheat.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
store.activheat.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to store.activheat.com.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a store.activheat.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
store.activheat.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, store.activheat.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, store.activheat.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to store.activheat.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless store.activheat.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, store.activheat.com may link to sites operated by third parties. However, even if the third party is affiliated with store.activheat.com, store.activheat.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of store.activheat.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, store.activheat.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
