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.
This website is owned and operated by www.activheat.com, limited liability corporation chartered in the State of Delaware. Any requests for information regarding this website should be directed to www.activheat.com, 47 Grasmere Way, Princeton, NJ 08540, USA.
Temporary License for Use.
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 www.activheat.com.
Inclusion of Other Trade Names.
ActiVHeat'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 www.activheat.com. General Use of This Website. This website is provided for the sole use of the customers of www.activheat.com to review the products and offerings made by www.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.
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 www.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 www.activheat.com conforms to any contractural considerations established in any dealer agreement or sale contract with a wholesale supplier. www.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 www.activheat.com. Such registration shall not constitute permission for the use of their contact information by individuals or organizations other than (CompanyNameLegal).
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 www.activheat.com. The collective work includes works that are licensed to www.activheat.com. Copyright 2012, www.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 www.activheat.com or purchasing www.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 www.activheat.com or to purchase www.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 www.activheat.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of www.activheat.com used in the site are trademarks or registered trademarks of www.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.
Hyperlinks to Websites Not Owned by www.activheat.com.
This web site contains links (http hyperlinks) to certain website pages not owned and operated by www.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. www.activheat.com makes no claim of ownership to any materials or text contained in other web sites to which we provide links. www.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 www.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 nd-consumer is outside of the reasonable control of www.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 www.activheat.com change with market conditions and (CompanyNameLegal) 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. www.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 www.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 www.activheat.com. All orders transmitted to us through this website represent a legal binding contract to purchase items from www.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 www.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 www.activheat.com. www.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. www.activheat.com is not responsible for the opinions or views of people posting such comments, nor is www.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. www.activheat.com reserves the right to further edit, redact, or remove any third party content deemed inappropriate or damaging to the interests of www.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 www.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. www.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. www.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 www.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 chedules. www.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 www.activheat.com and other credit providers acting as vendor for www.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 www.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, www.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 www.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. www.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 www.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 (CompanyNameLegal). 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 www.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 www.activheat.com. The publication of such editorial
comments simply represent the opinion of the writers of these blogs. Delivery of any product, service, software, or software functions provided or offered on this website could be interrupted by force majure. www.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 www.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.
www.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. www.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 www.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 www.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 www.activheat.com products) must be commenced within one (1) year after the claim or cause of action arises. www.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. www.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 www.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. www.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.
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, www.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. www.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. www.activheat.com does not make any warranties 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.
www.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 www.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.
In the event that a www.activheat.com product is mistakenly listed at an incorrect price, www.activheat.com reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. www.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, (CompanyNameLegal) shall issue a credit to your credit card account in the amount of the incorrect price.
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 www.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 www.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 www.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 www.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.
www.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, www.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, www.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 www.activheat.com in its sole discretion.
You agree to indemnify, defend, and hold harmless www.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.
In an attempt to provide increased value to our visitors, www.activheat.com may link to sites operated by third parties. However, even if the third party is affiliated with www.activheat.com, www.activheat.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.activheat.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.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).