2. Company Trademarks. The Company name, the terms, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this service are the trademarks of their respective owners.
4. Acceptable Use Policy. Access to and use of the Site, including all functionality, applications and services offered on or through the Site, is subject to our Acceptable Use Policy. A current version of our Acceptable Use Policy can be found at: www.heartlandtechnology.com.
Any User Contribution you post will be considered non-confidential and non-proprietary. By providing any User Contribution through the Site, you grant the Company, its affiliates and service providers, and each of our and their respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
· You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
· The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
The Company has and reserves the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Disclose your identity or other information about you in the event you violate a third party’s rights, including their intellectual property rights or their right to privacy.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the service.
Without limiting the foregoing, the Company has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE FOREGOING PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all User Contributions before such material is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
8. Restricted Access. In order to use certain areas of the Site (for example, customers-only areas), you will be prompted to provide a valid email address and password. The password is personal to you and may not be shared with any other individual. You may not assign the rights and responsibilities concerning restricted access. By using the Site, you agree to maintain responsibility of your licensed use of the Site.
10. Unavailability of or Changes to the Site. The Company will make reasonable efforts to keep the Site operational and available to users. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. The Company reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Site, with or without notice, all without liability to you for any interruption, modification, or discontinuation of the Site or any function or feature thereof. You understand and agree that the Company has no obligation to maintain, support, upgrade, or update the Site, or to provide all or any specific content or services through the Site.
11. DISCLAIMER OF WARRANTIES. THE SITE IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND. YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE COMPANY DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES OR NON-INFRINGEMENT. TO THE EXTENT THIRD PARTY APPLICATIONS ARE ACCESSED AS PART OF OR THROUGH THE USE OF THE SITE, THESE ARE PROVIDED “AS IS”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
12. LIMITATION OF REMEDIES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER THE COMPANY HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Intellectual Property Rights. The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text and images without the Company’s express written permission.
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