Terms Of Use

iHeat provides the content and products available on this Site and by accessing this Site, you are acknowledging that you have read, understood and agree, to abide by the terms and conditions, set forth in this agreement, our Privacy Policy and other policies on this Site.

Limitation of Liability

iHeat does not make any representations relating to the accuracy, likely results, completeness or reliability of the materials on its website or otherwise relating to such materials or to any other sites linked to the iHeat website. In no event will iHeat, its distributors, affiliates or its suppliers assume any liability for damages resulting from or relating to information or omissions on this website, including, without limitation, damage to computer hardware, data information, materials and business resulting from the use or access, or information or lack thereof, available on the iHeat website and under no circumstances will such parties be liable for any incidental, consequential, exemplary or other damages or lost profits.

Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

Promotional Offers

All of our online promotions are eligible exclusively through iHeat and cannot be redeemed elsewhere. Due to the nature of the promotion, exclusions and/or purchase limitations may apply. Special offers may not be redeemed for cash and no adjustments to prior purchases will be made. iHeat reserves the right to modify or terminate this promotion and its terms and conditions without notice. No substitutions. All promotions are subject to limited available quantities and offers are only valid while supplies last.

Product Information

All of the products purchased from our website should be used in accordance with our instructions, precautions and guidelines.

Color Information

While iHeat makes every attempt to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

Accuracy of Information

We attempt to be as accurate as possible when describing our products on this Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, information or other content available on the Site are accurate, complete, reliable, current or error-free.

Typographical Errors

In the event that an iHeat product is mistakenly listed at an incorrect price and your credit card has already been charged for the purchase and your order is cancelled, iHeat will issue a credit to your credit card account in the amount of the incorrect price.

Intellectual Property

All information and content available on the Site and its “look and feel”, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of iHeat, our distributors, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.

Neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.

Your Obligations and Responsibilities

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site.

Your Account

You may choose to register at our Site if you are over thirteen (13) years of age. Do not register if you are not over thirteen (13) years of age. If you are over thirteen (13) years of age and do register, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information.

If you are accessing and using the Site on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.

We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in iHeat’s best interest to do so.

Special Features, Functionality and Events

The Site may offer certain special features and functionality or events (such as contests, sweepstakes or other offerings) which may (a) be subject to terms of use, rules and/or policies in addition to or in lieu of these Terms and Conditions; and (b) be offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

Copyright Complaints

We respect the intellectual property of others. If you believe that a work has been copied on the Site in a way that constitutes copyright infringement, please notify us of a claimed infringement.

Indemnification

You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

Disputes

With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Ohio, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Ohio. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Ohio and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, distributors, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes.

General

You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site and providing notice of such change. Any changes are effective immediately upon posting to the Site and release of notice of such change. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of these rights granted by these Terms and Conditions.

If you have any questions regarding these Terms and Conditions, please contact us.