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Please read before using https://www.hjheaton.com Website.

 

Terms of Conditions and Use

https://www.hjheaton.com Website is provided to you under the Terms and Conditions of Use (Agreement). These Terms may be changed, modified, or amended at any time and will be posted on the Website. By using the Website, you agree that Heather H-J Heaton will not be liable for any consequences in doing so.

 

Binding Agreement

These Terms constitute a legal “binding agreement” (contract) between you and Heather H-J Heaton. By using the Website regularly, you agree to accept these “Terms of Conditions.” If you have any objections to using https://www.hjheaton.com, you should not use it.

 

Electronic Communication:

If you communicate with Heather H-J Heaton by email, you agree that she can communicate electronically with you and that these communications are equal to communications in writing and have the same effect as if they were in writing and signed by you.

 

Compliance with Laws

You agree to comply with all applicable laws, statutes, rules and regulations regarding your use of https://www.hjheaton.com Website. This includes, without limitation, intellectual property laws and privacy laws.

 

Intellectual Rights and Licensing (Content Ownership and Use)

All contents of this Website including: photographic images, text, designs, graphics, video, information, logos, button icons, software, audio files, computer code are exclusively owned and are the sole property of Heather H-J Heaton and is protected under copyright and/or other laws. You cannot download or transmit; copy, reproduce, reprint, rewrite or modify; distribute, publicly display, sell, license, rent, loan, assign; use reverse engineering or create derivative works, in any form, i.e., video, paper, electronic or sound; tangible or intangible; currently existing content or any future content; whether you receive any form of compensation or not without prior written permission from Heather H-J Heaton.

The Website is licensed, not sold, to you. Subject to your complete and ongoing compliance with these Terms, Heather H-J Heaton authorizes you, subject to these Terms’ Agreement, access and use of the Website and its contents solely for personal use at Heather H-J Heaton’s discretion. Any other use is expressly prohibited. Unauthorized use of any of the above mentioned “Content” may violate copyright, applicable communications, regulations, and statutes and is strictly prohibited. Users who willfully and/or repeatedly infringe upon the Website will be terminated.

 

Except where noted, ALL CONTENT on https://www.hjheaton.com Website is Copyrighted © 2022 Heather H-J Heaton

 

Contact Information

For additional information for permission to use material or data from the Website or have questions or concerns about the Terms and Conditions (Agreement), email at info@hjheaton.com.

 

Notice and Procedure to Make Copyright Infringement Claims

Heather H-J Heaton asks users to respect the intellectual property of everyone.

The Digital Millennium Copyright Act of 1998 (DMCA), 17 U.S.C. Sec. 512 http://www.loc.gov/copyright/ provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Website infringe your copyright, you may send Heather H-J Heaton a “Notification of Claimed Infringement” requesting the material be removed or access be blocked. The notice must include the following information:

  1. A physical or electronic signature by you or of a person authorized to act on behalf of your work(s) that has been allegedly infringed.
  2. A description of the copyrighted work(s) alleged to have been infringed.
  3. A description of where the specific material you allege to be infringed is located on the Website to allow Heather H-J Heaton to locate the material.
  4. Your name, address, telephone number, and email address (if available)
  5. A statement that you believe in good faith that materials posted infringe your copyright, its agent, or the law.
  6. A statement by you, made under penalty of perjury, that the information in the notification of the alleged infringement is accurate, and, that you are the copyright owner or authorized agent to act on the copyright owner’s behalf.

Limitation of Liability and Indemnification

Changes to the Website

Heather J-J Heaton may change, suspend, discontinue, temporarily or permanently, any aspect and/or feature of the Website at any time without notice or liability.

 

Heather H-J Heaton is not liable for anything that happens to you involving the Website. If you use the Website in a way that causes her to be included in litigation, you agree to pay all legal fees and costs for the Released Party (Heather H-J Heaton).

 

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTY (Heather H-J Heaton) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RELEASED PARTY (Heather H-J Heaton) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO, CORRUPTION OF, INTERFERENCE WITH, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE WEBSITE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY Heather H-J Heaton; OR (vi) ANY OTHER MATTER RELATING TO THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE RELEASED PARTY (Heather H-J Heaton) COLLECTIVE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF Heather H-J Heaton’s CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE TO DEFEND, INDEMNIFY, AD HOLD HARMLESS THE RELEASED PARTY (Heather H-J Heaton) FROM AND AGAINST ANY CLAIMS, ACTIONS, OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, ALLEGING OR RESULTING FROM (i) YOUR ACCESS OR USE OF THE SERVICE IN A MANNER NOT AUTHORIZD UNDER THESE TERMS (Agreement) OR (ii) YOUR BREACH OF THESE TERMS. Heather H-J Heaton SHALL PROVIDE NOTICE TO YOU PROMPLTLY OF ANY SUCH CLAIM, SUIT, OR PROCEEDING.

 

Disclaimer of Warranties with respect to https://www.hjheaton.com Website

Heather H-J Heaton makes no promises and disclaims all liability of specific results from the use of the Website. You use the Website at your own risk. No warranties or guarantees are made.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE WEBSITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE IS AT YOUR SOLE RISK, AND THE WEBSITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTY (Heather H-J Heaton) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY THE RELEASED PARTY (Heather H-J Heaton) OR OTHER PERSONS ON OR THROUGH THE WEBSITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTY (Heather H-J Heaton) MAKES NO WARRANTY THAT (i) THE WEBSITE OR ANY PRODUCTS OR SERVICES MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, AND (iv) THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED; AND (C) THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.

 

Salvatorius of Terms (Agreement)

If any provision in these Terms (Agreement) is found by a court of competent jurisdiction or other binding authority to be invalid, you nevertheless agree that the court should endeavor to give effect to the party’s intentions as reflected in the provision, and the other remaining provisions contained in the Agreement and Terms remain in full force and effect.

These Terms (Agreement) and resolution of any dispute related to the Agreement or Website is a relationship between you and Heather H-J Heaton and will be governed by and construed in accordance with the laws of the United States, including without limitation federal copyright, and with the laws of the state of New York without regard to its conflict of law or choice of law provisions. Upon termination of these Terms and/or Agreement all provisions survive except the provisions granting you a license to use the Website. When these Terms (Agreement) terminate, so does your license to use the Website.

Any legal action or proceeding between Heather H-J Heaton and you related to the Terms (Agreement) will be brought exclusively to a federal or state court of competent jurisdiction sitting in New York, New York; And you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum.

 

Privacy Statement

A variety of hardware and software is used. These include, but are not limited to firewalls, authentication procedures, digital certificates, and Secure Socket Layer (SSL) encryption technology for security purposes.

https://www.hjheaton.com Website uses cookies, which are small files that are kept on your computer and helps to provide you with a more consistent experience as you browse the Website. These files do not contain any personal information about you. You can remove cookies through your browser’s Options or Preferences screen.

Anonymous visitor information is collected through the Website’s log files via 3rd party cookies’ Google Analytics. These files contain information like an IP address, the date and the number of visits, the web browser used, and the pages visited. This information is not used to identify you personally. Keeping this 3rd party cookies, enables our Website to be improved.

Your personal or customer information is never shared with any third party for the purpose of direct marketing.

These Terms of Conditions and Use (Agreement) and the Privacy Statement was last updated June 2022.