Acceptance of Terms
Description of Site
Heaventools currently provides a corporate Web site and the Heaventools product (collectively, the “Site”). Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to the Terms. The Site is provided “AS-IS” and Heaventools assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any User communications or personalization settings. Content provided by Heaventools is for informational purposes only.
The Site is NOT to be used to:
• Send, or otherwise transmit any content that is unlawful including but not limited to any content that is proprietary to someone else, or is abusive or harassing.
• Manipulate identifiers in order to disguise the origin of any Content transmitted through the Site.
• Send or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, including the Site.
• Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site.
Third Party Sites
The Site may link you to other sites on the Internet. These other sites are not under the control of Heaventools, and Heaventools is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by Heaventools or any association with its operators.
Recognizing the global nature of the Internet, the User must comply with all local rules regarding online conduct and acceptable content. Specifically, the User agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which he or she resides.
The User agrees to indemnify and hold Heaventools, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content sent or transmitted through the Site, the use of the Site, the connection to the Site, the violation of the Terms, or the violation of any rights of another.
No Resale of Site
No portion of the Site, use of the Site, or access to the Site may be reproduced, duplicated, copied, sold, resold or exploited for any commercial purposes, without a prior written agreement with Heaventools.
Heaventools reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Heaventools shall not be liable to any party for any modification, suspension or discontinuance of the Site.
The Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Information presented to anyone through the Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No User or third party may modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part, without a prior written mutual agreement with Heaventools Software.
Disclaimer of Warranties
Any material obtained through the use of the site is done at the user’s discretion and risk. The user will be solely responsible for any damage to his or her computer system or loss of data that results from the download or use of the site.
No advice or information, whether oral or written, obtained by you from Heaventools through or from the site shall create any warranty not expressly stated in the Terms.
Limitation of Liability
Heaventools shall not be liable for any direct, 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 Heaventools has been notified of the possibility of such damages resulting from:
• The use or the inability to use the site;
• The cost of procurement of substitute goods and sites resulting from any data, information obtained, or messages through or from the site;
• Unauthorized access to or alteration of the user’s transmissions or data;
• Statements or conduct of any third party on the site,
• Or any other matter relating to the site.
Exclusions and Limitations
Some jurisdictions do not allow the exclusions of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to the user.
Heaventools and the Heaventools logos and products and service names are trademarks of Heaventools Software. No one may display or use any Heaventools trademarks in any manner, without Heaventools’ prior written permission. Other names appearing on the Site may be trademarks of their respective owners.
The Terms and any Site requirements constitute the entire agreement between the User and Heaventools and govern all use of the Site. Additional Terms may apply when third-party content, material and/or information is transmitted, accessed or used. The failure of Heaventools to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court to be invalid, the parties agree that the other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, user agrees to file any claim or cause of action arising out of or related to use of the Site or the Terms within one (1) year after such claim.