Terms & Conditions

HeatableTM Terms of Use
Please read the following terms of use and disclaimers carefully before using this website or mobile application (app). By using this website or mobile app, you agree to these Terms of Use. If you do not accept all of these terms of use, do not use the Heatable.com website or mobile application. If you have any questions about these Terms of Use, please contact us.
 
This agreement is between you, the user of the Heatable.com website and mobile app (collectively the “Website,” the “Site”, the “App”), and HeatableTM (collectively referred to herein as “HeatableTM,” the “Company,” “we,” “us” and “our”), for the use of all, or part of the Company’s products and/or services and/or the Company’s Website (collectively “Services”). THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY ACCESSING OR USING THIS WEBSITE OR MOBILE APPLICATION, YOU AGREE TO THESE TERMS OF USE AND THE E-COMMERCE TERMS OF SALE. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS SET FORTH IN THESE TERMS OF USE, AND THE E-COMMERCE TERMS OF SALE DO NOT USE THIS WEBSITE OR APP. By using this Website of App, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and you agree to abide by and comply with these Terms of Use.
 
1. Use of this Website
You may browse and use this Website or App for your personal, non-commercial purposes and in compliance with these Terms of Use. While using the Website or App, you agree that you will not (a) attempt to breach the security or authentication measures of any portion of the Website or App; (b) circumvent any technical measures we use to provide any feature or functionality of the Website or App; (c) access Website or App Content or log into a server that you are not authorized to access; (d) attempt to probe, scan, or test the vulnerability of a system or network without proper authorization; (e) attempt to interfere with or disrupt the Website or App or the servers or networks that support the Website or App; (f) interfere with any other user’s ability to access or use the Website or App, including, without limitation, by means of hacking or defacing any portion of the Website or App; (g) submit or distribute any virus, worm, spyware, malware, or any other computer code, file, program or technologies that may or is intended to harm, or otherwise interfere with, the operation of the Website or App, or the interests or property of any user of or content supplier to the Website or App; (h) log into an Account that you are not authorized to access; (i) impersonate any person or entity, or misrepresent your affiliation with any person or entity; (j) submit through the Website, App or directly to HeatableTM anything that is or may be: harmful, threatening, abusive, harassing, degrading, hateful, intimidating, defamatory, libelous, disparaging of any person or entity, misleading, false, fraudulent, tortious; obscene, indecent, pornographic, vulgar, profane, or sexually explicit; intended to promote violence, racial hatred, terrorism or illegal acts; infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property rights of any third party; (k) use the Website or App in any way that would adversely affect HeatableTM or reflect negatively on Heatable’s goodwill, name or reputation; (l) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website, App or any software used on or for the Website or App; or (m) assist others to do any of the foregoing.
 
The Website, App or any portions of it may not be duplicated, copied, sold, resold, or otherwise used for any commercial purpose without the written consent of HeatableTM. Use for which permission has been received must include with the republished material credit line as appropriate.
 
The Company is providing the information and links on this Website and App as a convenience to you and is not responsible for the accuracy or content of any such information or linked websites. You acknowledge that the Company is not responsible for the availability of, or the content located on or through, any external site, and that your reliance upon information contained on this Site or on the linking to or content of any external site is at your own risk. The Company explicitly disclaims any responsibility for the accuracy, content or availability of information found on any sites that link to or from this Website or App.
 
HeatableTM, in its sole discretion, may add, delete or change some or all of the features of the Website or App at any time with or without notice. The Company also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
The content and Services provided on this Site is being provided to you in consideration of your agreement to these Terms of Use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate any material set forth or located on this site without the prior written permission of the Company or the appropriate licensor. You further agree that you may not sell, offer for a price, rent, lease, or lend the Services or any part thereof. We reserve the right to terminate and/or deny you access to the Site if we determine, in our sole discretion, that you are violating these Terms of Use, or applicable law, rule, regulation or order that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third-party.
 
2. Account Information and Registration
In order to have access to certain Services on our Website or App you may be required, to create an account (“Account”). Whenever an Account is required to access functionality or services on the Website or App, you may not share your Account with, or use the Account of, another individual.
 
When creating an Account, you agree to provide accurate, current and complete information about yourself (“Registration Information”) as prompted by our account registration form. Registration Information may include, among other information, your name, address, telephone number, email address, username, password, and credit card information or bank account information.
You are responsible for maintaining the confidentiality of your username and password, for restricting access to your Account, and for any and all transactions, communications, and other activities that are conducted through your Account on the Website or App. You agree not to transfer, assign or sell your username and/or password through the disclosure and use of your username and password to any third party. If you have reason to believe that your Account is no longer secure, you must promptly change your password and contact us.
 
3. Online Payments
Creating an Account is your written consent to initiate electronic payment transactions from your designated credit or debit card card account. Your authorization via electronic enrollment has the same effect as a handwritten signature on a paper-formatted contract.
By creating an Account you understand that you designate the credit or debit card that HeatableTM will use to pay your bill.
 
You understand that if there is a change to your bank or card account information, including expiration date, you must sign into your account at HeatableTM to update your debit or credit card information.
 
If your payment is rejected, refused, returned, disputed, or reversed by your financial institution or card issuer for any reason, then HeatableTM has the right to charge a late fee on your account. You should verify with your financial institution to determine if additional charges apply. From time-to-time HeatableTM may revise the terms and conditions
 
4. Intellectual Property
The materials, data and other information, including all trademarks, service marks and trade names, used or displayed on this site ("Intellectual Property) are the property of the Company or the licensors of such Intellectual Property and are protected by applicable copyright, trademark and other laws. This Agreement does not grant you any rights in connection with any current or future Intellectual Property owned by the Company or such licensors.
 
5. No Warranty
THE SERVICES AND THE INFORMATION, PRODUCTS AND MATERIALS CONTAINED IN THIS SITE, INCLUDING BUT NOT LIMITED TO ALL TEXT, GRAPHICS AND LINKS, ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES AND ANY SUCH INFORMATION, PRODUCTS AND MATERIALS, INCLUDING WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
 
THE COMPANY DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE USE OF, OR ACCESS TO, THE SITE OR THE SERVICES. OPERATION OF THIS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS, INCLUDING BUT NOT LIMITED TO TELECOMMUNICATIONS NETWORK DISRUPTIONS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION ON, OR ACCESSIBLE VIA, THIS SITE OR THE RESULTS OF YOUR USE OF THIS SITE.
 
6. Limitation of Liability
IN NO EVENT SHALL THE COMPANY OR ITS LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THE USE, THE INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICES AND/OR PROVISION OF ANY INFORMATION, PRODUCTS, MATERIALS OR LINKS AVAILABLE ON, OR ACCESSIBLE VIA, THIS SITE, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE OF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
 
7. Indemnity
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents and employees, harmless from and against any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
 
8. Termination
The Company reserves the right to terminate your access to this Site for any reason or for no reason. You agree that any termination of your access to this Site may occur without prior notice to you. You also agree that the Company will not be liable to you or any other party for any such termination.
 
9. General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of this site.
 
10. Notices
Any notices you provide under this Agreement to the Company shall be made via our contact form or in writing. Notices to you from the Company may be made via either email or regular mail. The Company may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the site.
 
11. Applicable Law
This site is controlled by the Company from its offices within the State of Maine, USA. The laws applicable to the interpretation of these Terms of Use and to any dispute of any sort that may arise between you and the Company shall be the laws of the State of Maine, USA, and applicable federal law, without regard to any conflict of law provisions. If any provision of this Agreement is held to be invalid or unenforceable by any court or tribunal of competent jurisdiction, the remainder of this Agreement will not be affected thereby, and such provision will be carried out as nearly as possible according to its original terms and intent to eliminate such invalidity or unenforceability.
 
The Company makes no representation that the content on this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.
By using this Site, you agree to the submission of any dispute arising out of or relating to this Agreement or the Company's services to the state and federal courts of the State of Maine, USA.
 
12. Modification of these Terms of Use
HeatableTM reserves the right, at any time and for any reason in its sole discretion, to change, modify, or amend these Terms of Use with additional terms pertaining to specific services and addressing new technology (“Additional Terms”). Any such change, modification or amendment will be posted on the Website or App, and will specify its effective date. You understand and agree that such Additional Terms are hereby incorporated by reference into the Terms of Use, and that by using our Website or App after these Terms of Use are changed, modified or amended by the Company will signify your agreement to be bound by such changed, modified or amended Terms of Use.
 
13. General Information
This Agreement may not be otherwise amended except in writing signed by you and the Company. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. 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 the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 
14. Contact Information
HeatableTM is owned and operated by DRNC, LLC. If you have any questions about these Terms of Use you may contact us via our contact form, or by mailing:
DRNC, LLC
Attn: Legal Department
82 Running Hill Rd., Suite 400
South Portland, ME 04106