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TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web site to be useful, informative,
helpful, honest and fun. Hopefully we've accomplished that - and would ask that you let us
know if you'd like to see improvements or changes that would make it even easier for you to
find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions.
Take a few minutes to look them over because by using our site you automatically agree to
them. Naturally, if you don't agree, please do not use the site. We reserve the right to
make any modifications that we deem necessary at any time. Please continue to check these
terms to see what those changes may be! Your continued use of the RadiantHeatDisasters.com
Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on the RadiantHeatDisasters.com site, including,
without limitation, text, software, names, logos, trademarks, service marks, trade names,
images, photos, illustrations, audio clips, video clips, and music are copyrighted
intellectual property. All usage rights are owned and controlled by
RadiantHeatDisasters.com. You, the visitor, may download Online Materials for
non-commercial, personal use only provided you 1) retain all copyright, trademark and
propriety notices, 2) you make no modifications to the materials, 3) you do not use the
materials in a manner that suggests an association with any of our products, services,
events or brands, and 4) you do not download quantities of materials to a database, server,
or personal computer for reuse for commercial purposes. You may not, however, copy,
reproduce, republish, upload, post, transmit or distribute Online Materials in any way or
for any other purpose unless you get our written permission first. Neither may you add,
delete, distort or misrepresent any content on the RadiantHeatDisasters.com site. Any
attempts to modify any Online Material, or to defeat or circumvent our security features is
prohibited.
Everything you download, any software, plus all files, all images
incorporated in or generated by the software, and all data accompanying it, is considered
licensed to you by RadiantHeatDisasters.com or third-party licensors for your personal,
non-commercial home use only. We do not transfer title of the software to you. That means
that we retain full and complete title to the software and to all of the associated
intellectual-property rights. You're not allowed to redistribute or sell the material or to
reverse-engineer, disassemble or otherwise convert it to any other form that people can
use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information
that you send to RadiantHeatDisasters.com through our site (other than information we
promise to protect under our privacy policy becomes and remains our property, even if this
agreement is later terminated.
That means that we don't have to treat any such submission as confidential.
You can't sue us for using ideas you submit. If we use them, or anything like them, we don't
have to pay you or anyone else for them. We will have the exclusive ownership of all present
and future rights to submissions of any kind. We can use them for any purpose we deem
appropriate to our RadiantHeatDisasters.com mission, without compensating you or anyone else
for them.
You acknowledge that you are responsible for any submission you make. This
means that you (and not we) have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
RadiantHeatDisasters.com WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE OF (OR INABILITY TO USE) THE SITE
- USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
- FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR ON OUR SITE
- OMISSION ON OUR SITE " INTERRUPTION OF AVAILABILITY OF OUR SITE
- DEFECT ON OUR SITE
- DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER VIRUS OR LINE FAILURE
- PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS
"CONSEQUENTIAL DAMAGES.")
- OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY
(KNOWN IN LEGAL TERMS AS "INCIDENTIAL DAMAGES.")
WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY
FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE
ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO
RECOVER THESE TYPES OF DAMAGES.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES,
INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS
OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE
CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF
ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web sites
from our site. Such a link should not be seen as an endorsement, approval or agreement with
any information or resources offered at sites you can access through our site. If in doubt,
always check the Uniform Resource Locator (URL) address provided in your WWW browser to see
if you are still in a RadiantHeatDisasters.com-operated site or have moved to another site.
RadiantHeatDisasters.com is not responsible for the content or practices of third party
sites that may be linked to our site. When RadiantHeatDisasters.com provides links or
references to other Web sites, no inference or assumption should be made and no
representation should be inferred that RadiantHeatDisasters.com is connected with, operates
or controls these Web sites. Any approved link must not represent in any way, either
explicitly or by implication, that you have received the endorsement, sponsorship or support
of any RadiantHeatDisasters.com site or endorsement, sponsorship or support of
RadiantHeatDisasters.com, including its respective employees, agents or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may
terminate this agreement at any time, by destroying all materials obtained from all
RadiantHeatDisasters.com Web site, along with all related documentation and all copies and
installations. RadiantHeatDisasters.com may terminate this agreement at any time and without
notice to you, if, in its sole judgment, you breach any term or condition of this agreement.
Upon termination, you must destroy all materials. In addition, by providing material on our
Web site, we do not in any way promise that the materials will remain available to you. And
RadiantHeatDisasters.com is entitled to terminate all or any part of any of its Web site
without notice to you.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of the United States, you are
responsible for compliance with any applicable local laws.
These Terms of Use shall be governed by, construed and enforced in
accordance with the laws of the Idaho, as it is applied to agreements entered into and to be
performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate
RadiantHeatDisasters.com and/or its affiliates' intellectual property rights,
RadiantHeatDisasters.com and/or its affiliates may seek injunctive or other appropriate
relief in any state or federal court in the State of Idaho, and you consent to exclusive
jurisdiction and venue in such courts.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following location: Twin Falls,
Idaho. Any costs and fees other than attorney fees associated with the mediation will be
shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution
through mediation, we agree to submit the dispute to binding arbitration at the following
location: Twin Falls, Idaho, under the rules of the American Arbitration Association.
Judgment upon the award rendered by the arbitration may be entered in any court with
jurisdiction to do so.
RadiantHeatDisasters.com may modify these Terms of Use, and the agreement
they create, at any time, simply by updating this posting and without notice to you. This is
the ENTIRE agreement regarding all the matters that have been discussed.
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