Terms & Conditions
1. Use of this Website
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.
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.
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.
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.
11. Applicable Law
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.
13. General Information
14. Contact Information
Attn: Legal Department
82 Running Hill Rd., Suite 400
South Portland, ME 04106