2. Product, Safety and Other Technical Information
While Mr. Heater uses commercially reasonable efforts to provide accurate information, the industry of which Mr. Heater is a part and the laws and regulations applicable to that industry do change. Therefore information contained on the Sites may not be current, accurate or complete. Because many factors go into the decision-making process of purchasing a given product and everyone’s particular circumstances and needs may differ, the Licensed Content is provided for informational purposes only. Mr. Heater cannot ensure or guarantee and does not warrant that Your product selection will be accurate or meet Your (or, if applicable, Your customer’s) particular needs or requirements or that the recommendations, regulations or other information provided by Mr. Heater experts or other Sites users is complete, accurate or current. Please read and follow all instructions contained in product manuals. Each claim or statement made by Mr. Heater about the effectiveness of Mr. Heater products and/or comparing the effectiveness of Mr. Heater products to that of others and all use of the Sites is expressly limited to the United States unless otherwise stated on the Sites. If a product offered by Mr. Heater purchased through the Sites is not as described, Your sole remedy is to return it in its original, unused form and receive either a replacement of the product You purchased, a refund of the price You actually paid or other remedy provided pursuant to the manufacturer’s warranty. Please address all product complaints as provided in the manufacturer’s warranty and other materials provided on purchase. Do not make product complaints through the Sites. Product description and pricing is subject to correction and change. Mr. Heater may refuse or cancel product orders placed at an incorrect price, or based upon erroneous promotion terms, whether or not the order has been confirmed. Mr. Heater’s obligations, if any, with respect to its products and services are governed solely by the specific agreement through which they were provided. Sales made through the Sites, if any, are governed by Mr. Heater’s Standard Terms and Conditions of Sale and/or Invoice-Terms and Conditions.
WARNING: Some of the information and advice on the Sites may be provided by third party contributors who are not affiliated with Mr. Heater. Mr. Heater makes no representation as to the truth, thoroughness, or accuracy of such information or advice. You must read, understand, and adhere to the safety warnings and instructions pertaining to such products and accessories as well as other regulations and standards applicable to the nature and environment of ownership, maintenance, or use.
3. Privacy and Data Security
Mr. Heater values its relationship with visitors and customers and uses commercially available technology to safeguard any personal information collected through the Sites. Nevertheless, the internet is an open medium and no data transmission through the internet is completely secure. You transmit Your personal information at Your own risk. Mr. Heater does not guaranty or warranty the security of information You transmit. Once received, Your personal information is stored in the United States. Mr. Heater takes various precautions to safeguard Your personal information against loss, theft and misuse as well as unauthorized access, disclosure, alteration and destruction. It is Your responsibility to preserve the confidentiality of and not share your user ID and password. It is also Your responsibility to notify Mr. Heater immediately when You need to terminate an individual’s access. You are responsible for the actions of each individual to whom You have given access.
Information Collected: In general, You may visit the Sites without telling Mr. Heater who You are or revealing personal information about Yourself. However, Mr. Heater, its business partners and other companies providing services to or on behalf of Mr. Heater (such as, for example, companies assisting with the operation or features of the Sites, advertising and promotional campaigns, surveys, contest and the like) may use various technologies (such as cookies, web beacons, pixel tags, click-through URL links) to collect non-personally identifiable information discernable as a result of Your visit. They may include, without limitation, Your IP address, web pages requested or viewed, date, time and domain type, demographic information and responses to surveys, promotions and advertisements. Information gleaned from Your browser is automatically received and recorded on server logs. As technology evolves, information may be gathered through other means as well. You may set Your browser to either notify You when You receive a cookie or to refuse to accept cookies. However, if you do so You may not be able to participate in certain of the Sites’ features.
Information that personally identifies You, such as Your name, address, e-mail address, telephone number as well as demographic data specific to You may also be collected from a variety of sources. You may provide personally identifiable information directly; it may be gleaned through the Sites or collected from other sources. For example, when You register on the Sites, You create a personal profile – providing Your name, telephone number, email address and in some cases Your mailing address or credit card information – and choose a password for security. The Sites save Your information so that the next time You place an order or register a product, You only need to enter Your unique ID and password. You cannot communicate with Mr. Heater through the “Contact Us” or other service or customer support links on the Sites or via e-mail without providing personally identifiable information. If You contact Mr. Heater or its service providers, a record of that session or correspondence will be maintained. Personally identifiable information is collected and stored when You register product warranties, order parts, check repair status, become a member of the Sites, participate in owner’s clubs, public forums and other blogs, chat rooms, news groups or bulletin boards, request Mr. Heater information, literature and/or product information. If you use a bulletin board, chat room or other interactive public areas of any of the Sites, any information You share is visible to other users. Personally identifiable information You submit to one of these forums can be read, collected or used by other individuals to send You unsolicited messages. Mr. Heater is not responsible for personally identifiable information You choose to submit to these forums. If You do choose to make otherwise non- public information available by enabling certain user features, Mr. Heater will collect that information from Your interaction and the information will become publically available.
Notice to California residents about your California privacy rights: In addition to other rights described in this policy, if You are a customer residing in California, You have the right to request information regarding the third parties to whom Mr. Heater has shared customer personal information for direct marketing purposes during the past year. You have the right to submit a request to Mr. Heater at its designated address and receive the following information within 30 days of its receipt of that request: (1) the types of personal information disclosed to third parties during the immediately preceding calendar year, (2) the names and addresses of third parties that received the personal information, and (3) if the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of its products or services. You are entitled to receive a copy of this information in a standardized format. Information provided will not be specific to you individually. All such requests must be in writing and sent to Mr. Heater’s designated address set forth in section 14.
4. User Conduct
In general, Mr. Heater expects visitors to interact with Mr. Heater and other users of the Sites in a courteous manner and in compliance with all laws. Vandalism, obscene or abusive language, harassment, threats or abuse of any nature or form on the Sites, including e-mail, post or other transmission is strictly prohibited. Impersonation of others or misrepresenting Your affiliation with Mr. Heater or another is strictly prohibited. You may not upload to, distribute or otherwise publish through the Sites any material that you know is false, misleading, contains viruses or malicious code, defamatory, vulgar, obscene, threatening, libelous, infringers upon another’s proprietary rights is invasive of another’s privacy or publicity rights, hateful, racially or ethnically objectionable or which may constitute or encourage a criminal offense, violate any law or another’s rights or otherwise give rise to liability. You agree not to forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Sites, disclose proprietary or confidential information or otherwise infringe another’s patent, trademark, trade secret, copyright or other proprietary right (“Rights”). You may not upload chain letters, pyramid schemes, solicitations, or commercial material of any sort to the Sites, use the Sites to solicit others, advertise or promote anything. Framing, in-line linking or other means of associating the Sites, Marks or Licensed Content with another or with material, link or information not originating with Mr. Heater is expressly prohibited. You may not probe, scan or test the vulnerability of the Sites or any networks. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Sites or Licensed Content. You may not reproduce or circumvent the navigational structure or presentation of the Sites of any Licensed Content, circumvent the security features or attempt to access any materials or information through any means not purposely made available by Mr. Heater through the Sites. Any attempt to interfere with or disrupt the Sites, its servers, networks, Software, equipment or database connected to the Sites, whether via malicious code, files or other means, or attempts to disassemble, reverse engineer or decompile any Software, trace the information of any other user or visitor, circumvent security features such as passwords, or take any action that compromises the privacy or security of the Sites, users or other visitors is strictly prohibited.
5. Social Media/Blogs/User Submissions
Certain more interactive portions of the Sites, such as Ratings and Review, Testimonials, blogs and other social media forums require special mention. Mr. Heater insists that all statements made about it and its products be accurate, not misleading and not contain unsubstantiated statements. Mr. Heater adheres to and requires that its employees, service providers and others endorsing or otherwise acting on behalf of the Enerco Family brand on a blog or other public forum all adhere to the Federal Trade Commission (FTC) rules and guidelines governing endorsements and testimonials. The FTC requires that endorsers enclose a material connection with an advertiser, his/her affiliation with Mr. Heater and if incentives, free products or gifts or other compensation was received from Mr. Heater. Because Your opinions may be considered an “endorsement” and You and “endorser” under the FTC’s revised Endorsement and Testimonial Guide, it is important that You fully and completely understand what the FTC requires. You are responsible for complying with FTC requirements. For example, as an endorser, the FTC requires that You (i) let readers know if You received any free products or any other item of value from Mr. Heater or if another material connection exists, and (ii) ensure that Your statements about and reviews of Mr. Heater products reflect Your honest opinions, beliefs and findings. If You wish to learn more, You may access the most recent revisions to the FTC’s Endorsement and Testimonial Guides at http:// www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf.
Any comments, blogs, discussions, data, images, sounds, text, product ideas, suggestions or enhancements, as well as anything embedded therein, material, information or other communication You transmit, upload or post to the Sites, generally and through the public forums, or e-mail to Mr. Heater (collectively, “Communications”) are non-confidential and nonproprietary and become the property of Mr. Heater. Mr. Heater has no obligation to preserve the confidentiality of or refrain from disclosing any Communications. You recognize and acknowledge that Your submission of any suggestions, ideas, images, sounds, enhancements, data or other material is done on a non-confidential, nonproprietary basis, without expectation of compensation or attribution of any sort. Mr. Heater has no liability for and will be free to copy, disclose, distribute, incorporation or otherwise use all or any part of any Communications for any and all commercial or noncommercial purposes in any medium whatsoever and without additional consent or approval from You. Please exercise caution and discretion in disclosing personal information through, including uploading photos to, any public forums.
You are solely responsible for Your Communications and Your activities on the Sites. Although Mr. Heater will not, and has no obligation to, monitor Your Communications, it has the right not to post or publish Licensed Content and/or Your Communications and to delete, remove or edit any Licensed Content or Communications at any time in its sole discretion without notice or liability of any notice or sort. Under no circumstances is or will Mr. Heater or its affiliates be liable in any way for Communications, Your or another’s use of the Sites or any Licensed Content, including but not limited to any errors or omissions in any Licensed Content, or for loss or damage of any kind incurred as a result of the use of any Licensed Content via the Sites. Product performance, capability or other claims made through public, interactive areas provided on the Sites have not undergone review, testing, or research by Mr. Heater to substantiate such claims. Mr. Heater cautions You not to use products for any purpose or in any manner other than as expressively set forth in the manufacturer’s warranty and product user manual.
6. Access by Children
Mr. Heater recognizes that parents or other adults often purchase products for family use, including use by minors. However, Mr. Heater does not target or market to, and the Sites are not intended for use by, children under age 18. Mr. Heater does not knowingly and will not intentionally contact or request personal information from children under the age of 18 for marketing purposes. If Mr. Heater learns that a child under 18 has submitted its personal information, it will attempt to delete the information as soon as possible. However, the Sites do not filter ads or other material children may view through the Sites or linked sites, some of which may be inappropriate for children.
11. Mr. Heater’s Proprietary rights
Everything You see or read on the Sites, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Sites and Licensed Content, is protected by all United States and international copyright and trademark laws, and may not be used except as provided in these Terms and Use without Mr. Heater’s express written permission. The Sites and any necessary software or other technology used in connection with the Sites (“Software”), the collection, compilation, assembly and arrangement of Licensed Content, all images, photography, graphics, artwork, text, and other information and material found on the Sites, regardless of source, all Marks and other intellectual property relating thereto and all information and data collected through the Sites (all of which are included in and as the “Licensed Content”), is owned by The Enerco Family and/or its affiliates or other designee, its suppliers or partners, is used under license granted to Mr. Heater and contains proprietary and confidential information that is protected by all applicable intellectual property and other laws. All trademarks, logos, trade names, trade dress, product and service marks, individually or combined with one another (collectively the “Marks”) and whether or not registered, are owned by and/or proprietary to The Enerco Family and/or its affiliates or other designees, or other third party owners who have granted Mr. Heater the right and license to use its marks (“Third Party Marks”). You may not use or display the Marks or Third Party Marks in any manner without the prior written consent of the applicable owner. This includes use of the Sites address or Marks in page text, as key words, meta tags or any other “hidden text”. Other product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of The Enerco Family and/or its affiliates or other designees and may not be used in connection with any other product or service in any manner, but especially not in a manner that is likely to cause confusion in the marketplace or in any manner that disparages or discredits Mr. Heater or its affiliated companies. Mr. Heater may use any such material in any manner for any reason without Your consent, fee or obligation to account to You in any way, and, unless You and Mr. Heater agree otherwise in writing, Mr. Heater is and shall be the sole and exclusive owner.
12. Notices and Procedures for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Mr. Heater. Mr. Heater respects the intellectual property of others, and asks its users and visitors to do the same. Mr. Heater will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Mr. Heater will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If You believe that Your work has been copied in any way that constitutes copyright infringement, please provide all of the following information:
a. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. A description of the copyrighted work that You claim has been infringed;
c. A description of the material that You claim is infringing or is the subject of infringing activity, that it is to be removed or access to it disabled and information reasonably sufficient to enable Mr. Heater to locate the material on the Sites;
d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to enable Mr. Heater to contact You;
e. A statement by You that You have a good faith belief that use of the material as described by You is not authorized by the copyright owner, its agent, or the law;
f. A statement by You, made under penalty of perjury, that the information in Your notification is accurate and that You are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of copyright infringement should be direct to:
By Mail: Enerco Group Inc. 4560 West 160th Cleveland, Ohio 44135 Attn: President St.
By Fax: (800) 321-0552
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MR. HEATER THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT-RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
13. DISCLAIMERS AND LIMITATIONS OF LIABILITY
MR. HEATER DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES OR LICENSED CONTENT.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SITES AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MR. HEATER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE SITES.
b. MR. HEATER MAKES NO WARRANTY (i) THAT THE SITES WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR TIMELY, THAT THEY ARE SECURE, OR THAT LICENSED CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE SITES WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE SITES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE.
e. MR. HEATER IS NOT LIABLE FOR ANY PRODUCT WARRANTIES NOT EXPRESSLY SET FORTH ON THE SITES OR PROVIDED WITH THE PRODUCT PACKAGING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MR. HEATER SHALL NOT BE LIABLE FOR ANY DAMAGES WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MR. HEATER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE, ACCURACY OF THE INFORMATION, PRODUCTS AND MATERIALS SHOWN OR AVAILABLE FROM THE SITES OR ANY OTHER MATTER RELATING TO YOUR ACCESS TO OR USE OF THE SITES. IN ANY CASE, MR. HEATER’S SOLE LIABILITY, AND THAT OF ITS LICENSORS, SUPPLIERS AND BUSINESS PARTNERS, IS LIMITED TO FIVE DOLLARS ($5.00). YOUR LEGAL RIGHTS WITH RESPECT TO THESE DISCLAIMERS AND WAIVERS MAY VARY FROM JURISDICTION TO JURISDICTION. WITHOUT INTENDING TO LIMIT THE FOREGOING, YOU MUST BRING ANY CLAIMS YOU MAY HAVE AGAINST MR. HEATER WITHIN SIX (6) MONTHS OF THE DATE THE CLAIM AROSE OR BE FOREVER BARRED. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Enerco Group Inc. 4560 West 160th Cleveland, Ohio 44135 Attn: President St.
15. General Information