Heath Tecna Website Terms of Use

Agreement Between You and Heath Tecna

 

Thank you for visiting heath.com (the “Website”).  Please read these terms of use carefully before you start to use the Website.  By accessing and using this Website, you indicate that you accept (unconditionally and irrevocably) these terms and conditions (the “Agreement”).  If you do not agree to these terms and conditions, please refrain from using our Website and exit immediately.

The Website is owned and operated by Heath Tecna, Inc., a Delaware corporation operating under the laws of the State of Washington, with a registered office of: 3225 Woburn St., Bellingham, WA 98226, U.S.A.

You represent and warrant you possess the legal right and ability to enter into this Agreement and to use this Website in accordance with all terms and conditions herein.

 

Modification of Terms

 

We may change these terms and conditions at any time without advance notice.  Changed terms will become effective once posted on the Website, and will not have any retrospective effect on existing contractual arrangements made through this Website.  Your continued use of this Website after any change means you have accepted the changed terms and conditions.

 

Disclaimer of Warranties and Limitation of Liability

 

General

Your access to and use of software and other materials on, or through, this Website is solely at your own risk.  We make no warranty whatsoever about the reliability, stability or virus-free nature of such software.

We have taken reasonable steps to ensure the information provided by us on this Website is accurate at the time you view it.  However, we cannot and have not checked the accuracy of all information provided by outside sources for example by the providers of other information, or of other parties linked to or from the Website.

Commentary and other materials posted on our Website are not intended to amount to advice on which reliance should be placed.  We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Website, or by anyone who may be informed or act upon any of its contents.

We aim to ensure that availability for the Website will be uninterrupted and that transmissions will be error-free.  However, due to the nature of the Internet, this cannot be guaranteed and we reserve the right to withdraw or amend the service we provide on the Website without notice.  Also, your access to the Website may occasionally be suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services.  We will attempt to limit the frequency and duration of any such suspension or restriction.  We will not be liable if for any reason our Website is unavailable at any time or period.

 

Disclaimer of Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES RELATING TO THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THIS WEBSITE.  ALL SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES CONTAINED IN THIS WEBSITE INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING AMONG OTHER THINGS LOSS OF REVENUE OR PROFITS), PUNITIVE, OR EXEMPLARY, DAMAGES OF ANY KIND OR SUBJECT TO EQUITABLE OR INJUNCTIVE REMEDIES (WHETHER BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) ARISING OUT OF:

  • ACCESS TO, OR USE OF THIS WEBSITE, OR DELAY OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION CONTAINED IN THIS WEBSITE; OR,
  • THE AVAILABILITY AND UTILITY OF PRODUCTS AND SERVICES. NOTHING IN THIS LIMITATION OF LIABILITY SHALL EXCLUDE LIABILITIES NOT PERMITTED TO BE EXCLUDED BY APPLICABLE LAW.ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY US.

Indemnity

 

As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including lawyers’ fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

 

Links to Third-Parties’ Websites

 

This Website may contain links and pointers to Internet sites maintained by third parties.  We do not operate or control in any respect any information, products or services on such third party sites.  Third party links and pointers are included solely for your convenience, and do not constitute any endorsement by us. You assume sole responsibility for use of third party links and pointers.

 

Limitations on Use

 

You agree to use this Website solely to determine the availability of goods and services.  You agree also to use this Website only for personal, non-commercial use.

You agree not to abuse the Website.  “Abuse” includes, without limitation, using the Website to:
  • Defame, harass, stalk, threaten, abuse, or otherwise violate others' rights as defined by applicable law.
  • Harm or interfere with the operation of the others' computers and software in any respect, including without limiation, by uploading, downloading, or transmitting corrupt files or computer viruses.
  • Violate applicable intellectual property, publicity or privacy rights, including, without limitation, by uploading, downloading, or transmitting materials or software.
  • Omit or misrepresent the origin of, or rights in, any file you download or upload, including, without limitation, by omitting proprietary language, author identifications, or notices of patent, copyright or trademark.
  • Transmit, post, or otherwise disclose trade secrets, or other confidential or protected proprietary material or information
  • Download or upload files that are unlawful to distribute through the Website.
  • Transmit any information or software obtained through the Website, or copy, create, display, distribute, license, perform, publish, recreate, reproduce, sell or transfer works deriving from the website.
  • Falsely misrepresent one's identity or authority to act on behalf of another.
  • Violate this Agreement in any other manner.

Since we provide services and products in many parts of the world, this Website (and its links and pointers) may refer to certain goods, products and/or services that are not available in your area.  A reference to goods, products and/or services without limiting their geographical scope does not imply that we offer or intend to offer the same in all locations.

 

Copyright and Trademark Notices


Most content of this Website is copyright © Heath Tecna, Inc., all rights reserved. Some content is marked with specific copyright notices or attribution indicating the content is owned by another party. Some images are also licensed from stock image providers, and while we are not required to mark such images with a copyright symbol or attribution, we do not own the copyright in these cases.

This Website is for your personal, non-commercial use.  In all cases (unless otherwise indicated), you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website.  The name Heath Tecna and any other products or services referenced herein are our trade/service marks or registered trade/service marks.  Other product and company names mentioned herein may be the trademarks of their respective owners.

In cases where content is licensed to Heath Tecna under a Creative Commons Attribution-ShareAlike license, you will be allowed to distribute derivative works from such content following the terms of the CC BY-SA license agreement. Content that the Company has licensed in this manner usually comes from websites such as Flickr or Wikipedia, where content may be offered under the CC BY-SA license. For more information about Attribution-ShareAlike CC BY-SA, visit the Creative Commons About the Licenses web page. Content that has been licensed under CC BY-SA may not be marked as such on this Website. However, all content licensed in this manner is attributed to the original author. It is up to the Website visitor to determine if the original content was offered to Heath Tecna under a CC BY-CA license, by visiting the attributed source, before copying and distributing any such work.

 

Security


We will take reasonable measures to insure information you transmit to us using the Website will remain confidential and protected from unauthorised access.  Despite those measures, we do not warrant unauthorised access to that information can never happen.  We will not be liable for any such unauthorised access unless caused solely by our gross negligence.

 

Entire Agreement

 

This Agreement constitutes the entire agreement between you and us in relation to your use of this Website, and supersedes all previous agreements in respect of your use of this Website.

 

Law and Jurisdiction

 

This Agreement will be governed by and construed in accordance with Washington State law, and any disputes hereunder will be subject to the exclusive jurisdiction of the courts in Washington State.