TERMS & CONDITIONS
Website Usage Terms And Conditions
Welcome to the HeatMapOnline.com website. By using this website, you agree to comply with and are bound by the following terms and conditions of use. The terms and conditions in combination with the privacy statement govern the relationship between MindFlash International Inc., (Company) and you. If there is any part of the terms and conditions that you do not agree with, do not use the website.
These terms and conditions can be changed at any time without notice. Any changes will be effective from the date of their publication on this website. All prices appearing on this site are subject to change without notice.
BY BROWSING/USING THE SITE, COMPLETING THE ORDER REGISTRATION PROCESS, AND/OR CLICKING THE “COMPLETE ORDER” BUTTON, YOU REPRESENT AND WARRANT THAT (1) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF THESE TERMS OF USE (“TERMS OF USE”), (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH MINDFLASH INTERNATIONAL INC., AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE PERSONALLY OR ON BEHALF OF THE ENTITY YOU HAVE NAMED AS THE USER, AND TO BIND THAT ENTITY TO THESE TERMS. THE TERM “YOU” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE, APPLICATION, OR SERVICES.
Acceptable Use
The users of the website cannot do anything that can cause harm, damage or that in any way affects the way the website operates or looks. Any action that is considered illegal, unlawful, harmful or fraudulent is not acceptable. Links to this site can be provided as long as they meet these conditions and that they are removed immediately upon request.
Intellectual Property Rights
User acknowledges that content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Service (“Content”), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and User is only permitted to use the Content as expressly authorized by the Company. These Terms do not transfer any right, title, or interest in the Service, Site or the Content to User, and User may not copy, reproduce, distribute, or create derivative works from this Content without express authorization by the Company. User agrees not to use or divulge to others any information designated by the Company as proprietary or confidential. Any unauthorized use of any Content contained on the Site or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THE SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM THE COMPANY. USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THE SITE FOR ANY PUBLIC, PERSONAL OR COMMERCIAL PURPOSES.
Trademarks.
“Company Trademarks” means all names, marks, brands, logos, designs, trade dress and other designations the Company uses in connection with the Service or any other service. User acknowledges the Company’ rights in the Company Trademarks and agrees that any and all use of the Company Trademarks by User shall inure to the sole benefit of the Company.
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Limitation of Liability.
The website is not liable for any damage or harm that is the result of the products or services offered through the site. We are not responsible for any damages that result from the inability to access the website at any time. The damages can include any direct, indirect, special or consequential damages and are not limited to damages that result in loss of business, profits or interruption of business.
As a condition of use of the Service, and in consideration of the Services provided by the Company, User agrees that neither the Company, nor any officer, affiliate, director, shareholder, agent, contractor or employee of the Company (the “Company Affiliates”), will be liable to User or any third party for any direct, indirect, incidental, special, punitive, or consequential damages, loss of profits, loss of earnings, loss of business opportunities, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Service, Site or Content; including but not limited to any of the following: Reliance, Termination, Infringement, Force Majeure. The limitations set forth in this section apply to acts, omissions, negligence, and gross negligence of Company and/or the Company Affiliates, which, but for this provision, would give rise to the course of action in contract, or any other legal doctrine. The Company shall not be liable for any direct, indirect, incidental, punitive, special, multiple, or consequential damages resulting from the use or inability to use the Services or for cost of procurement or substitute goods and services or resulting from any products or services purchased or obtained through the site including loss of profits, use, data or intangible property, even if the Company has been advised of the possibility of such damages. The entire liability of the Company and Your exclusive remedy with respect to the use of the site and service are limited to the lesser of (1) the amount actually paid by You for the Service during the first (1) month preceding the date of Your claim; or (2) US $997.00. You hereby release the Company and the Company Affiliates from any all obligations, liabilities and claims in excess of this limitation.
Access To Password Protected/Secure Login Areas.
Access to and use of password-protected and/or secure login areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Third Party Links And Merchandise.
The website may include links to third party websites and products or services from third party websites. We are not responsible for the services or products that are offered by third parties. We offer no warranties on the offerings of the third parties and assume no liability in relation to the offers or to the functioning of the third party websites. All the pictures shown on this website are solely representative.
Financial Responsibility.
You are financially responsible for all credit card charges made on this website. You agree to provide the necessary and appropriate information required to bill your credit card company for services provided in order to continue service after the trial period is over. In the event there is a chargeback, you will be responsible for any outstanding balance on your account including any recovery expenses incurred by such action.
Responsibility If Agreement Is Breached.
The website is not responsible for any damages, costs, liabilities and expenses that are imposed on the user of the website that is a result of not following the terms and conditions that re-listed in this agreement. This includes the legal expense or any payment to another party that was used to settle a claim or dispute.
Breach Of The Agreement.
If the user of the website breaches any of the terms and conditions of the website, we are authorized to take any actions deemed necessary to respond to the breach without prejudice. Actions can include, but are not limited to:
- Blocking users website access
- Temporarily suspending users website access
- Blocking the IP address that was used during the breach for website access
- Notifying the internet service of the user to prevent website access.
- Taking appropriate legal action with the courts
Assignment
We can transfer, subcontract or otherwise assign the rights and obligations of the website in regards to the terms and conditions without notifying you or obtaining your consent.
Severability
If any part of these terms and conditions are determined not to be valid, the other provisions of the terms and conditions will continue to be used. If removing a part of the provision that is unenforceable can be remedied by removal of the provision, the all other parts of the provision that can still be used will remain in effect.
Exclusion Of Third Party
The agreement to the terms and conditions is between the website and the user. It is not in any way intended to benefit a third party. It is not enforceable by a third party. The use of these terms and conditions is limited to the website and the user and does not require the consent of a third party.
Entire Agreement
The terms and conditions in addition to the privacy statement constitute the entire agreement between the website and the user. The agreement supersedes all previous agreements that were in place.
By reading the above policy, you understand and accept the terms and conditions as set forth by this website.