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PortableHeaterUSA.com TERMS and CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. Your use of PortableHeaterUSA.com is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using PortableHeaterUSA.com, you signify your acceptance of these Terms and Conditions.
Portable Heater USA Corporation, Limited ("Portable Heater") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the PortableHeaterUSA.com web site. Your continued use of the PortableHeaterUSA.com web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version.
OWNERSHIP
The PortableHeaterUSA.com web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Portable Heater, and/or its various subsidiaries, affiliates, Portable Heater Associate Dealers, third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada and other countries. None of the content found on PortableHeaterUSA.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Portable Heater and/or the applicable Third Parties.
Portable Heater, PortableHeaterUSA.com, and all other Portable Heater related trademarks and design marks displayed on PortableHeaterUSA.com (collectively, the "Trademarks") are registered and common law trademarks of Portable Heater. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on PortableHeaterUSA.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Portable Heater or such other party that may own the applicable trademarks.
USE OF SITE
Neither the PortableHeaterUSA.com web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Portable Heater, except that you may download, display and print the content presented on PortableHeaterUSA.com for your personal, non-commercial use only. Unauthorized use of PortableHeaterUSA.com and/or the content contained on PortableHeaterUSA.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
The PortableHeaterUSA.com website is not intended for use by children under the age of 13. Use of the PortableHeaterUSA.com website is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to Portable Heater and without any liability whatsoever, Portable Heater at any time and without notice may terminate or restrict your access to any component of PortableHeaterUSA.com.
USER NAME AND PASSWORD
Your PortableHeaterUSA.com website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Portable Heater representative. Portable Heater recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property of Portable Heater, and may be cancelled or suspended at any time by Portable Heater without any notice or liability to you or any other person. Portable Heater is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Portable Heater of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
PRICING POLICY
Portable Heater has attempted to match online prices to those in store; however online prices, product and service selection and availability, and sale effective dates may differ from those in store and may vary by geographic region. Portable Heater Associate Dealers may sell for less. Market conditions and competitive pressures may cause prices and availability to change without further notice. Additionally, although great care is taken in the production of the PortableHeaterUSA.com web site, typographical, illustrative or pricing errors may occur. We reserve the right to correct errors at any time.
All prices quoted are payable in US Dollars or Canadian Dollars and, unless otherwise stated, do not include shipping charges, GST, PST, QST or HST.
All advertisements on the PortableHeaterUSA.com website are merely invitations for you to order goods or services from Portable Heater, and are not offers to sell by Portable Heater. A correctly completed Review and Submit page delivered by you to Portable Heater constitutes your offer to purchase the goods or services listed in your order. Your order shall be deemed to be accepted only at the point when Portable Heater sends a shipping confirmation email to the email address you provided. If you wish to cancel an order, you may request a cancellation by sending an email to us at info@PortableHeaterUSA.com However, your cancellation request may not be effective if we do not receive and process your cancellation request before we confirm shipment of your order.
Portable Heater reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Portable Heater believes that customer conduct violates applicable law or is harmful to the interests of Portable Heater or any Third Parties.
Products may be purchased for delivery to an address located in US or Canada. All sizes quoted are approximate. Some items shown may require assembly.
LIABILITY DISCLAIMER
Except as explicitly provided in these Terms and Conditions as amended from time to time, Portable Heater and the Third Parties make no representations or warranties of any kind, express or implied, regarding PortableHeaterUSA.com and/or any content provided on PortableHeaterUSA.com, all of which are provided on an "as is" and "as available" basis. Portable Heater and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of PortableHeaterUSA.com, or any of the content or data found on PortableHeaterUSA.com, and expressly disclaim all warranties and conditions in respect of PortableHeaterUSA.com, its content or data, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
Portable Heater and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
Portable Heater and the Third Parties assume no responsibility, and shall not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on PortableHeaterUSA.com or your downloading of any materials, data, text, images, video or audio from PortableHeaterUSA.com.
In no event shall Portable Heater or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of PortableHeaterUSA.com or content found herein, the operation of the web site, or any failure or delay in the operation of the website (including, but not limited to the inability to use any component of PortableHeaterUSA.com for purchases) even if advised of the possibility of damages.
MAXIMUM LIABILITY
If, not with standing the foregoing, Portable Heater or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of PortableHeaterUSA.com or its content, the liability of Portable Heater and the Third Parties shall in no event exceed in the aggregate $250 CAD.
INDEMNIFICATION
You shall indemnify and save harmless Portable Heater and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of PortableHeaterUSA.com.
RELATIONSHIPS
The relationship between Portable Heater and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of PortableHeaterUSA.com.
ADDITIONAL TERMS
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on PortableHeaterUSA.com.
SEVERABILITY
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
HEADINGS
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
ENTIRE AGREEMENT
These Terms and Conditions, together with those incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Portable Heater as set forth above.
ENGLISH LANGUAGE
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
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