Terms Of Use

IMPORTANT

Please read this page carefully. Your access to the web site located at www.nuheat.com (the "Site") is subject to legally binding terms and conditions. Carefully read all of the following terms and conditions before proceeding.

By accessing any areas of the Site, you are agreeing to be bound by this Terms of Use and Disclaimer Agreement. If you do not accept the terms of this Agreement, do not use the Site.

This is an agreement between you ("you") and Nuheat Industries Limited ("Nuheat"). The effective date of this Agreement is when you accept this Agreement in accordance with the procedure set out above.

The Site is controlled by Nuheat. Nuheat may revise this Agreement at any time by updating this posting. You should visit this page periodically to review the Agreement for changes. Your continued use of the Site following the posting of changes to this Agreement will mean you accept and are bound by such changes.

Copyright and Trade-marks

The entire contents of the Site, including but not limited to text, publications, newsletters, articles, opinions, views, graphics, images, HTML code, multimedia clips, Java scripts, and the selection and arrangement of information (collectively the "Materials"), are protected by copyright and other intellectual property laws under the laws of Canada and other countries.

NUHEAT, NUHEAT and the Foot Design, the Foot Design, and all related words, domain names and logos ("Nuheat Trade-marks") are trade-marks and the property of Nuheat. All other trade-marks, product names and company names or logos cited herein are the property of their respective owners. The Nuheat Trade-marks may not be used without express authorization. Without limiting the generality of the foregoing, the Nuheat Trade-marks may not be used in connection with any products or services: (i) which are not expressly authorized in writing by Nuheat; (ii) in any manner that is likely to cause confusion among parties dealing with Nuheat; or (iii) in any manner likely to disparage or discredit Nuheat.

Unauthorized use of the Materials may violate copyright, trade-mark, patent and other laws. All copyright, trade-mark, and other proprietary notices contained in the original Materials must appear on any copy you make of the Materials pursuant to the licenses granted below.

The material contained on www.nuheat.com including all portions of the website, content, site design, text, graphics, and the selection and arrangement thereof are the copyright of Nuheat or its licensors, as applicable. ALL RIGHTS RESERVED.

License

You are granted a personal, non-transferable, non-exclusive, limited licence to display or print the Materials for personal use, provided the Materials are not modified and a copy of this Agreement is attached to any copies that are made. You are further granted a limited license to use the e-mail and Internet links (the "Services") provided on the Site.

You agree that you will not: (i) distribute the Materials for any purpose, including without limitation, compiling an internal database, redistributing or reproduction of the Materials by the press or media or through any commercial network, cable or satellite system; or (ii) create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Materials in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of Nuheat or its licensors or allow any third-party to access the Materials. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.

Confidentiality

You acknowledge and agree that (i) the Internet is not a secured medium and privacy cannot be ensured, (ii) Internet e-mail is vulnerable to interception and forging, (iii) Nuheat will not be responsible for any damages you or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make to Nuheat through the e-mail links provided on the Site or for any errors or any changes made to any transmitted information and (iv) if you transmit information using e-mail links, you do so at your own risk.

Links to Other Sites

The Site may contain links to other sites as well as e-mail links. These links are provided solely as a convenience to you. These other sites were independently developed by parties other than Nuheat. Nuheat does not assume any responsibility for the accuracy or appropriateness of the information contained in such sites. The inclusion of any link to another site does not imply endorsement by Nuheat. Any mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product service. If you decide to access linked third party web sites, you do so at your own risk.

Limitation of Warranties and Disclaimer

The Materials and Services are provided for educational or informational purposes only and are not intended to provide legal or consulting advice and should not be interpreted as a recommendation for any specific product or service, use or course of action. The Materials are not intended to be used as a substitute of any kind for advice from a qualified professional. Any opinion, advice, article, publication, statement, service, offer, or other information or content expressed or made available on the Site or on any site linked to the Site, is that of the respective author or distributor and not of Nuheat. You are solely responsible for the retrieval and use of the Materials, including, without limitation, the use of the information as basis for any conclusions. Nuheat assumes no obligation to update the Materials, advise on further developments concerning topics mentioned or update the functionality of the Services. The information contained on the Site may contain typographical errors. The content on the Site may be changed or withdrawn without notice to you.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SITE AND ALL CONTENT, MATERIALS, AND SERVICES ON THE SITE OR MADE AVAILABLE THROUGH THE SITE ARE PROVIDED "AS IS, WHERE IS, AS AVAILABLE" WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

IN NO EVENT WILL NUHEAT OR ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE FOR: (i); ANY DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE SITE OR THE MATERIALS; ANY OTHER WEB SITE ACCESSED TO OR FROM THE SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF NUHEAT, EVEN IF NUHEAT OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM; OR (ii) ANY DAMAGES OF ANY KIND HOWSOEVER CAUSED INCLUDING BUT NOT LIMITED TO SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES; LOSS OF INCOME, REVENUE, SAVINGS OR PROFIT; LOSS OR DAMAGE TO PROPERTY OR DATA; CLAIMS OF THIRD PARTIES; AND ALL OTHER COMMERCIAL OR ECONOMIC LOSSES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE MATERIALS, THE SERVICES OR ANY OTHER HYPERLINKED WEB SITE, EVEN IF NUHEAT OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, THE MATERIALS AND THE SERVICES CONTAINED HEREIN.

NUHEAT IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. NUHEAT DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE SITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

Assignment, Modification, and Termination

Nuheat may assign its rights under this Agreement without notice to you. This Agreement is effective until terminated by Nuheat, with or without cause, in Nuheat's sole and unfettered discretion. If you violate any part of this Agreement, your licenses to the Materials and Services automatically terminate and you must immediately destroy any copies you have made of the Materials and cease use of the Services and the Site. Nuheat may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by Nuheat shall be in addition to and without prejudice to such rights and remedies as may be available to Nuheat, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, interpretation, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

Indemnity

You agree at all times to indemnify, defend and hold harmless Nuheat, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by Nuheat directly or indirectly in respect of: (i) any information or other content you provide on or through the Site or which is sent to Nuheat by e-mail or other correspondence; or (ii) your use or misuse of the Materials, the Services, or the Site, including, without limitation, infringement claims.

Jurisdiction and Governing Law

The Site is controlled by Nuheat from its offices within the Province of British Columbia, Canada. The Site can be accessed from various jurisdictions around the world. As each jurisdiction has laws that may differ from those of British Columbia, Canada, by accessing the Site, you agree that all matters relating to access to, or use of, the Site, the Material, the Services, or any other hyperlinked website, shall be governed by the laws of British Columbia and the laws of Canada applicable to that province, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of British Columbia and acknowledge that you do so voluntarily and are responsible for complying with local laws. The parties have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.

Entire Agreement

These terms and conditions and any and all legal notices on the Site constitute the entire agreement between the parties hereto with respect to the use of the Site, the Materials and the Services. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Nuheat unless executed by Nuheat in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

Severability

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

Enurement

This Agreement shall inure to the benefit of and be binding upon each of the parties and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.