Terms of Use - FHIHeat.com

Terms of Use

Welcome to the FHI HEAT Website, which is owned and operated by Luxury Brands, LLC d/b/a FHI HEAT ("FHI HEAT" or "we" or "us").

PLEASE REVIEW THE FOLLOWING TERMS AND CONDITIONS CONCERNING YOUR USE OF AND ACCESS TO THE WEBSITE. BY ACCESSING, USING AND/OR DOWNLOADING ANY MATERIALS OR CONTENT FROM THE WEBSITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS AND CONDITIONS (THESE "TERMS" OR THIS "AGREEMENT"). IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE THE WEBSITE.

THESE TERMS OF USE PROVIDE THAT ALL DISPUTES BETWEEN YOU AND FHI HEAT WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS OF USE (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW THE SECTION BELOW TITLED DISPUTE RESOLUTION; ARBITRATION AGREEMENT FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH FHI HEAT.

Terms of Use
This Agreement sets forth the terms and conditions that apply to you, as an individual accessing this FHI HEAT website at www.fhiheat.com and any affiliated websites (together, collectively the "Website"). By accessing this Website, you agree to the following terms and conditions and the Privacy Statement. IF YOU DO NOT AGREE, YOU HAVE NO RIGHT OR LICENSE TO ACCESS ANY PART OF THIS WEBSITE AND YOU SHOULD NOT DO SO.

Products, Content, Specifications and Accuracy of Information:
We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. All features, content, specifications, products, colors and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain measurements and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Website at a particular time does not imply or warrant that those products or services will be available at any time. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Website by any visitor or customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

Changes in Terms and Conditions:
FHI HEAT has the right at any time to change or discontinue any aspect, content or feature of this Website. FHI HEAT also has the right at any time to change or modify the terms and conditions applicable to your use of this Website or to impose new conditions. Such changes, modifications, additions or deletions will be effective immediately upon posting on this Website or sending you an electronic or conventional mail. Any use of this Website by you subsequent to such notice shall be deemed to constitute acceptance by you of such changes, modifications, additions or deletions.

Termination:
You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice.

Important Notice:
Any un-authorized returns will be rejected. FHI HEAT will not be responsible for any items that have been sent to us without authorization. If you have any questions, please call us at 323.334.2900.

Permitted Conduct

Lawful Use:
You agree to use this Website for lawful purposes only. You are not permitted to post or transmit through this Website any material which:

(i) violates or infringes in any way upon the rights of others;

(ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable;

(iii) encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or

(iv) contains advertising or any solicitation with respect to products or services, unless FHI HEAT has expressly approved such material in advance of its transmission. Any conduct by you that, in FHI HEAT's discretion, restricts or inhibits any other visitors from using or enjoying this Website is expressly prohibited.

Downloading of Intellectual Property:
This Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, portions of which are owned by FHI HEAT and portions of which are owned by other parties and licensed to FHI HEAT. The entire content of this Website are copyrighted as a collective work/compilation. FHI HEAT owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as some of the original content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of FHI HEAT. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in, or deletion of, trademark legend, copyright or other proprietary notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Uploading of Intellectual Property:
You agree not to upload, post or otherwise make available on this Website any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner, and the burden of determining that any material is not protected by copyright rests with you. You will be solely liable for any damage resulting from any infringement of copyright or any other proprietary right, or any other harm resulting from such submission. By submitting material to any public area of this Website, you automatically warrant that the owner of such material has expressly granted to FHI HEAT the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, modify and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other visitor to access, view, store or reproduce the material for their personal use.

Trademarks:
Unless otherwise indicated, trademarks that appear on this Website are trademarks of FHI HEAT or its affiliates. All other trademarks not owned by FHI HEAT or its affiliates that appear on this Website are the property of their respective owners, who may or may not be affiliated with FHI HEAT or its affiliates.

Links to Third Party Sites:
The Website may contain links or have references to websites controlled by parties other than FHI HEAT. FHI HEAT is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. FHI HEAT is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FHI HEAT of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by FHI HEAT. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

Postings:

No Responsibility or Liability
To the extent that portions of this Website (such as chat rooms, bulletin boards or reviews) provide users an opportunity to post and exchange information, ideas and opinions ("Postings"), BE ADVISED THAT FHI BRANDS DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR APPEARANCE ON THIS WEBSITE, and Postings do not necessarily reflect the views of FHI Brands. To the fullest extent permitted by applicable laws, FHI HEAT shall in no event have any responsibility or liability for the Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Website. Furthermore, FHI HEAT reserves the right to cancel or suspend your account, if in its sole discretion, it believes you are using FHI HEAT for improper purposes, or any purpose inconsistent with its business.

Monitoring
FHI HEAT reserves the right to monitor all Postings and to remove any which it considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions.

Warrant that You Have All Necessary Rights:
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain; that your Postings shall not infringe any proprietary or other rights of third parties; that your Postings shall not contain any viruses or other contaminating or destructive devices or features; that your Postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that your Postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

Authorize Others to Use:
You hereby authorize FHI HEAT to use and/or authorize others to use all or part of your Postings in any manner, format, or medium that FHI HEAT or such other parties see fit. You shall have no claim or other recourse against FHI HEAT for infringement of any proprietary right in Postings.

Children:
FHI HEAT does not accept Postings from persons under the age of 14 ("Child" or "Children"). Furthermore, FHI HEAT does not accept any user who is a Child. You are ineligible to use this Website if you are under the age of 14. If you are under the age of 18, you must have your parent or legal guardian set up your account and have them agree to these terms. If you are under the age of 18, your parent or legal guardian's consent to these terms is ongoing and they hereby warrant that they will review these terms for changes, and if any occur, that they will be amenable thereto until you reach age 18, at which point you hereby give your consent to these terms. Furthermore, to the extent any user under the age of 18 makes a Posting of copyrighted materials heretofore, their parent or legal guardian hereby grants FHI HEAT all rights to utilize the copyright and image / likeness embodied therein as further enumerated in this Agreement.

Use Is At your Risk:
YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. YOU SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF YOUR PASSWORD(S), IF ANY. NEITHER FHI HEAT, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEBSITE. PRICE INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ALL INFORMATION, OPINIONS AND OTHER MATERIAL ON THIS WEBSITE OR ANY SITES WITH WHICH IT IS LINKED.

No Warranties of Service:
THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FHI HEAT EXCEED $1,000.00. IN NO EVENT SHALL FHI HEAT OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY AND/OR FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE ACCESSING OR USE OF, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO THE DOWNLOADING OF ANY MATERIALS, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH, OR RELATED TO YOUR INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNITIES"

Waiver of Damages:
IN NO EVENT WILL FHI HEAT, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY PART OF THIS WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ANY PART OF THIS WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEBSITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER FHI BRANDS, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THIS WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

DISPUTE RESOLUTION; ARBITRATION AGREEMENT.
We will work in good faith to resolve any issue you have with the Website, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer's satisfaction.

In the interest of resolving disputes between you and FHI HEAT in the most expedient and cost-effective manner, you and FHI HEAT agree that ALL disputes arising out of or related to these Terms and/or your use of any of FHI HEAT's products, whether based in tort, statute, fraud, contract, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. This arbitration provision shall survive termination of these Terms and any other contractual relationship between you and FHI HEAT. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FHI HEAT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions to Arbitration Agreement. Notwithstanding the paragraph above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if such an action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Arbitration Process. If you desire to assert a claim against FHI HEAT, and you therefore elect to seek arbitration, you must first send to FHI HEAT, by certified mail, a written Notice of your claim ("Notice"). The Notice to FHI HEAT should be addressed to: _________________, Website Notices, _____________________ ("Notice Address"). If FHI HEAT desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by FHI HEAT, must (a) describe the nature and basis of the claim or dispute? and (b) set forth the specific relief sought ("Demand"). If FHI HEAT and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or FHI HEAT may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by FHI HEAT or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association ("AAA") at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association, as modified by these Terms, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of these Terms, including this arbitration agreement. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles, California. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. The arbitrator shall award reasonable fees to the prevailing party.

No Class Actions. YOU AND FHI HEAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and FHI HEAT agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect? and (b) exclusive jurisdiction and venue for any claims will be in state or federal courts in Los Angeles, California.

California Law Governs. These Terms will be governed by the laws of the State of California.

Indemnification:
You agree to defend, indemnify and hold harmless FHI HEAT, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorneys' fees, arising out of your use of this Website.

Newsletters:
Please be advised that our email newsletters ("Newsletters") are part of a wide distribution. The Newsletters are distributed only to those who have opted-in to receive them. If local, state or federal rules or regulations prohibit the recipient from receiving these types of Newsletters or the recipient simply does not wish to receive same in the future or the Newsletter was sent to recipient in error, the recipient should immediately opt-out from receiving similar future offers and/or newsletters by following the instructions at the bottom of the email or Newsletter.

Website Content:
Certain portions of this Website are supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are not necessarily our own. Neither FHI HEAT nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. FHI HEAT neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Website by anyone other than employee spokespersons of FHI HEAT while acting in their official capacities.

Submissions:
FHI HEAT always welcomes suggestions and comments regarding this Website or any of our products. Any comments or suggestions submitted to this Website or FHI HEAT, either online or offline, will become FHI HEAT's property upon their submission. This policy is intended to avoid the possibility of future misunderstandings when projects developed by FHI HEAT might seem to others to be similar to their own submissions or comments.

Entire Agreement:
This Agreement, and any operating rules for this Website established by FHI Heat, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

Controlling Law:
This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the County of Los Angeles, California.

Headings:
The section headings used herein are for convenience only and shall not be given any legal import whatsoever.

Contact:
If you have any questions about these Terms of Use, please contact us by:

E-mail us at info@fhiheat.com

Write to us at:
FHI HEAT
15301 Blackburn Avenue
Norwalk, California 90650
USA

INTELLECTUAL PROPERTY NOTICES
Elements of the Website are protected by copyright, trademark, trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Website may be copied or retransmitted unless expressly permitted by FHI HEAT.

Copyright © FHI HEAT 2018