Privacy Statement

 

 

 

Last Updated: January 3, 2024

Miami Heat Limited Partnership (“we” or “us”) cares about protecting the privacy of information that identifies, or is capable of identifying, you. This Privacy Statement explains what information we collect about you, what we do with it, and how you can control your information. This Privacy Statement describes our practices in connection with The Miami Heat Store website: www.miamiheatstore.com (the “Site”).

What Information Do We Collect About You?

Information you provide. We collect personal information you enter on the Site or send us in any other way, including, without limitation, when you:

• Register for a mailing list
• Order or make a purchase from the Site
• Post content to the site
• Provide us with billing information
• Enter into a contest, sweepstakes, or other promotions
• Contact us for any reason

Register for an account. We also collect personal information when you register for an account or create/update a user profile on the Site. That information may include data that your computer or mobile device sends us. The personal information collected during the account/profile registration process may vary but typically includes, without limitation:

• Your name
• Your username and password
• Your email address
• Your mailing address
• Your telephone number
• Your interests
• The country in which you reside
• How you interact with our site (e.g., when you click or see an advertisement)
• Your social media information (e.g., social media username and profile picture)

Making a purchase. If you place an order or make a purchase from the Site, we use a third-party to collect information about the purchase or transaction. This may include, without limitation:

• Name
• Payment card information
• Email address
• Mailing address
• Amount of your transaction and method of payment
• Billing information
• Transaction history

Website browsing information. When you visit the Site, your browser automatically sends certain information to us directly or via our analytics provider (e.g., Adobe Analytics and Google Analytics). That information may include:

• your IP address
• online browsing data or “clickstream data” (e.g., date and time of access to the Site, referring website address, pages viewed, features used, links clicked, and other actions you take in connection with the website)
• browser type
• browser language
• operating system
• the nature of the device from which you are visiting the Site (e.g., a personal computer or a mobile device)
• geo-location data
• session identification number
• search terms, search results

Tracking information. When you visit the Site, automated collection tools such as “cookies” and “web beacons” may gather information about your visit and your computer.

A cookie is a small text file stored on your device that lets us know whether you’ve visited the website before as well as your navigation experience during your visit. Cookies may be used to facilitate your access to the Site, enhance and personalize your online experience, and recognize your computer or your device.

Web beacons are small graphics placed on the Site and in email communications that are used to measure the effectiveness of the Site and email communications.

• Web beacons on the Site collect information about your visit, like the pages you view, the features you use, the links you click, and other actions you take in connection with our Site.
• Web beacons in our emails track your interactions with those messages, such as when you receive, open, forward or click a link in an email message from us.

We use the following types of cookies on the Site:

• Necessary Cookies

These cookies are necessary for our Site to operate properly and enable you to use its features. Without these cookies, certain services cannot be provided. If you use your browser settings to block them, we cannot guarantee your security or predict how the Site will perform during your visit.

• Functional Cookies

These cookies allow our website to remember choices you make and provide enhanced and more personal features. For example, they remember changes made to parts of the Site that you can customize.

• Analytics Cookies

These cookies collect information about how you interact with the Site, such as what pages you visit and if any errors have occurred. The information is used to improve how our website functions. These cookies do not collect information that identifies you but generate statistical data about your use of the Site. We may use third-party web analytics services, such as Google Analytics or Adobe Analytics, which analyze how a visitor uses the Site. To learn more about Google Analytics and how to opt out, please visit Google Analytics opt-out browser add-on.

• Advertising Cookies

We use cookies or similar tracking technologies on the Site to help us deliver our content and advertising. They help us measure the effectiveness of our advertising campaigns. These cookies may reflect demographic or other data linked to data you voluntarily have submitted to us (e.g. your email address) that we may share with data providers solely in hashed, non-human readable form. If you are a registered user on the Site, the information collected from the Site is not anonymous and we may use this information along with other information we know or infer about you, including your preferences, to tailor content, services, advertising, and offers for you.

You may see our advertisements on other websites or mobile apps. This is because we participate in advertising networks. Ad networks allow us to target our messaging to users based on demographic data, interests, and the way they browse the Internet. These networks track users’ online activities over time by collecting information through automated means, including through the use of cookies, web server logs, web beacons, and other similar technologies. The networks use this information to show ads that may be tailored to individuals’ interests, to track users’ browsers or devices across multiple websites, and to build a profile of users’ online browsing activities. The information our ad networks may collect includes data about users’ visits to websites that participate in the relevant ad networks, such as the pages or ads viewed and actions taken on the websites. You can opt out of receiving interest-based advertising on our website by blocking these cookies as described below.

Your browser may give you the ability to control cookies or other tracking tools. These “do not track” features are not all uniform and we do not currently respond to those signals. The Help portion of the toolbar on most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to delete existing cookies. If you decide to disable cookies, it is possible that some of our website’s features won’t function properly. For more information on deleting or controlling cookies, visit www.aboutcookies.org. These links will also explain how to manage cookies for the most common browsers:

• Google Chrome
• Firefox
• Safari
• Internet Explorer
• Microsoft Edge

In addition to the browser-based controls, you can manage third-party cookies by visiting www.aboutads.info/choices/. 

• Location-based information.If you access the Site from a mobile device, the Site may try to access your location to tailor your experience based on your location. If that happens, we may collect information about the location of your device such as GPS coordinates, but only if the GPS, Wi-Fi, and Bluetooth features of your mobile device are enabled. This location-based information is collected through GPS, Wi-Fi, or Bluetooth sensors, and may be shared with a third party who may access such information to provide location-based information to us. If you disable any location-based services on your device, you may not be able to use certain features of the Site.
• Information Provided by Third Parties.We also collect information about you from other sources such as public and third-party databases and other third parties, including our business and trade partners, to supplement information about you. For example, we may purchase information about your interests and hobbies to help us tailor our marketing content and communications to you.
• Why Do We Collect Information About You?

We collect personal information about you for the following reasons:

• Customizing our communications with youand providing personalized content, offers, and advertising, including on our Site and about the Miami Heat, and determining the effectiveness of our sales, marketing and advertising. If you wish to opt out of this marketing, you may unsubscribe by contacting us as set out in the Contact Us section of this Privacy Statement, or by clicking the Unsubscribe option in any marketing communication we send to you.
• Processing required for administrative purposes, such as to process and fulfill any purchases you make on the Site, notify you of your order status, notify you about important functionality changes to the Site, provide customer service, assist you with registration on our Site, or respond to inquiries from you.

Administering offers, promotions, and surveys delivered through the Site and communicating with you about Miami Heat-related issues, including to promote our company and Miami Heat events. If you wish to opt out of this marketing, you may unsubscribe by contacting us as set out in the Contact Us section of this Privacy Statement, or by clicking the Unsubscribe option in any marketing communication we send to you.

• Operating, evaluating, and improving our business(including developing new products, managing communications, performing accounting, auditing, billing, reconciliation and collection activities, analyzing and enhancing our products and websites and performing data analyses, including market and consumer research, trend analysis, and financial analysis). We may aggregate your personal information with other users’ personal information to help us determine how people use the Site and to improve the Site’s performance and usefulness.
• Protecting against, and identifying, fraud and other criminal activity or exercising or defending legal claims.

With Whom Do We Share Information About You?

• Our affiliates and other companies in which we have an economic interest. We may share your personal information with our affiliates and companies in which we have an economic interest or ownership rights.
• Others working for us. We may share your personal information with third parties that perform services on our behalf, including running our Site, sending communications for us, and executing marketing programs and promotions. When we contract with these third parties, we do not permit them to use or disclose your personal information for any purpose other than the work they are doing on our behalf or as required by law.
• Other websites not owned by the Miami Heat. The Site interfaces with and links to websites of partners as well as certain social media platforms (e.g., Facebook, Instagram, Twitter and TikTok), and may use social media plugins (e.g., the Facebook "Like" button, "Share to Twitter" button) to facilitate social media functions. If you are a member of a social media platform or website, and log in to such social media or platform, the interfaces may allow the social media platform or website to connect your Site visit to your personal information with those third-party sites/platforms. We have limited to no control over how other sites/platforms collect, store, or use your personal information on those websites, social media platforms, or plugins. Before you choose to access other websites from the Site or social media platform or “Like” or share personal information from the Site through any social media platform or website, please be certain that you review the privacy statement of that social media platform or website. In these instances, your interactions with us are governed by this Privacy Statement as well as the privacy policy of the social media platform or website you use.
• Other third parties. We may share your personal information with other third parties, such as law enforcement or other government entities: (1) if we believe there has been a violation of our website policies; (2) if we believe that someone may be causing injury to our rights or property, other users, or anyone else; (3) to respond to judicial process or to provide personal information to law enforcement; or (4) as required by law.
• Corporate restructure. We may transfer personal information about you in the event of a liquidation, reorganization, merger, sale of the company, consolidation, change of control, asset or stock acquisition/disposition, or other corporate combination. Should such an event occur, we will use reasonable efforts to ensure the transferee uses your personal information in a manner consistent with this Privacy Statement.

How You Can Control Your Information

• You may update or change information related to your account by updating your profile, accessible via the home page once you are logged in, or by sending us an e-mail at privacyheatretail@heat.com.

You may always opt out of receiving future commercial e-mail messages from us or request that your personal information be removed from the Site by e-mailing us at privacyheatretail@heat.com.

Please be aware that if you opt out of receiving commercial e-mail from us, it may take up to ten (10) business days for us to process your opt-out request, and you may receive commercial e-mail from us during that period.

Even if you opt out of receiving promotional and marketing material, we may still correspond with you about your existing or past business relationships with us (e.g., any purchase of our products or use of our services, or responses to your requests for information either through the website or other means). We may also access and view your information in the course of maintaining and improving our website and our services.

You can exercise any of your rights by making a request to us at the contact information provided in the Contact Us section. For California residents, please consult the California Privacy Rights section below for your rights and additional considerations.

How Do We Protect Your Information?

We recognize the importance of maintaining the security of your personal information. We have implemented technical, administrative, and physical security measures designed to protect your personal information from unauthorized access, disclosure, use, and modification. Unfortunately, guaranteed security does not exist on the Internet or offline. We therefore cannot guarantee that your personal information will be free from unauthorized access by third parties.

Children’s Personal Information

Our Site is designed for a general audience and is not directed to children. We do not knowingly collect or solicit personal information from children under the age of 13 (or other relevant age, as applicable pursuant to relevant law) through the Site. If we become aware that we have collected personal information from a child under such age, we will promptly delete the information from our records. If you believe that a child under such age may have provided us with personal information, please contact us as specified in the Contact Us section of this Privacy Statement.

Participation in Financial Incentive Programs

We will notify you in the event we offer any financial incentive for the use of your personal information. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the application program description and terms.

California’s “Shine the Light” Law

California's “Shine the Light” law (Cal. Civ. Code §1798.83) permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as specified in the Contact Us section of this Privacy Statement.

 

Changes to This Privacy Statement

This Privacy Statement may be updated periodically and will be posted on the Site, indicating when it was last updated. If there are material changes to our Privacy Statement, we will post a prominent notice on our Site and/or provide other notice as required by law.

Contact Us

If you have any questions or comments about this Privacy Statement, or you would like to exercise your rights under applicable privacy law, please contact us at:

Name:                  Miami Heat Limited Partnership

ATTN:                 The Miami Heat Store Privacy Statement

Address:               601 Biscayne Boulevard, Miami, Florida 33132

Phone:                 1-800-585-1626

Email:                  privacyheatretail@heat.com 

CALIFORNIA PRIVACY RIGHTS

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household (“personal information”).

We use the personal information we collect for our operational purposes or other purposes set out in this Privacy Statement. Those purposes may include:

1. Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.
2. Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
3. Debugging to identify and repair errors that impair existing intended functionality.
4. Short-term, transient use, provided the personal information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
5. Performing services on behalf of us or our service provider, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services on behalf of us or our service providers.
6. Undertaking internal research for technological development and demonstration.
7. Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.

For additional information, see What Information Do We Collect About You?, Why Do We Collect Information About You?, and With Whom Do We Share Information About You? above.

To help you understand our privacy practices, the following table shows, for the past twelve (12) months: which categories of personal information we have collected, the categories of sources from which we collected personal information, our business or commercial purposes for collecting the information, and the categories of third parties with whom we have shared personal information:

Your rights under California law

You have the right to ask us to send you the following information:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

You have the right to ask us to delete the personal information about you that we have collected or that we maintain, subject to certain restrictions.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

Personal information sales/sharing opt-out

If you would like to request that we do not, in the future, sell personal information we have collected about you, or that we do not share your personal information to third parties for cross-context behavioral advertising, please submit a request via our online request form , email us at privacyheatretail@heat.com or call the following toll-free number: 1-800-585-1626. If you wish to use an authorized agent to submit an opt-out request, please follow the instructions provided below.

Non-discrimination

Your privacy rights are important. If you exercise your privacy rights under California law, we will not do any of the following in response:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through the use of discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

How California residents can submit requests

If you are a California resident and you want to submit a request to us regarding your California rights, you can submit a request via our online request form , email us at privacyheatretail@heat.com, or call the following toll-free number  at (800) 585-1626. If you have a pre-existing account with us, you must submit your request through that account, but you do not have to create an account with us to submit a request.

If you submit a request to delete personal information, you must separately confirm the request. After receiving your request, we will send you a separate communication with instructions on how to confirm your request to delete.

We can only respond to your request if it is verifiable. This means we are obligated to take reasonable steps to verify your identity.

• If you have a password-protected account with us, we will verify your identity using our existing authentication practices for that account, but you must re-authenticate yourself before we can disclose or delete the information related to your request.
• If you do not have an account with us, we verify your identity by matching information you provide as part of your request with information about you we already have.

If necessary to verify your identity, we may ask you to provide additional information that will help us do so. We will only use that additional information in the verification process, and not for any other purpose. If we cannot verify your request, we will not disclose any personal information.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.

 Authorized agents

If you wish to submit a request to know, delete, or opt out through an authorized agent, we require the following before we can process the request:

• A notarized copy of your written permission authorizing the agent to make the request, and
• That you verify your identity directly with us.

You can submit this request via our online request form , email us at privacyheatretail@heat.com, or call the following toll-free number at (800) 585-1626.

If your authorized agent has a valid power of attorney under California Probate Code sections 4000 to 4465, we may request proof of the power of attorney instead of the foregoing.

We may deny a request from an agent that does not submit proof you authorized them to act on your behalf.

 

 

 

 

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Privacy Statement

 

UNLESS YOU OPT OUT, THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES.

These terms and conditions of service (the “Terms of Use”) apply to The Miami Heat Store website located at www.themiamiheatstore.com (the “Site”). The Site is the property of and operated by Miami Heat Limited Partnership (“Heat,” “we,” “our,” and “us”). Our Site offers a wide variety of resources, products, and services, which may include shopping services, payment tools, communication methods, online directories, administrative services, and information, some or all of which may be accessed through a variety of means.

By accessing and using this Site, including by creating an account or submitting any information through the Site, you agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO THE HEAT THROUGH THE SITE.

Modification We may modify these Terms of Use from time to time without prior notice. Any modifications we make are effective as soon as we post them to the Site. You should read these Terms of Use whenever you visit the Site so that you are aware of any modifications. By using the Site after modifications have been posted you agree to be bound by these Terms of Use as modified.

We also reserve the right to change, modify, or discontinue any portion of the Site without notice, on a temporary or permanent basis. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance.

Eligibility

Placing an order through the Site requires your agreement to these Terms of Use and any additional terms or conditions of sale. If you are under the Age of Consent (as defined below) (which may vary depending on where you live) or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf. When you place an order you are representing that you have the legal right to enter into a contract, and we rely on that representation.

The products you may purchase through the Site are meant to be for personal use, and not for resale. By placing an order through the Site, you represent that you are not buying the products for commercial purposes or any other commercial benefit. If we believe that your order would violate the Terms of Use or that you are engaging in fraudulent or grey-market activities, we reserve the right to refuse your order. Any orders placed in violation of this provision shall be null and void.

Online Account

If you register or create an account, by doing so you agree to: (a) provide true and complete information; and (b) keep that information up to date. We may suspend or terminate your access to our Site if we reasonably suspect that the information is false, inaccurate, not current, or incomplete.

You may also be asked to choose a password and a user name. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution. You are responsible for the safety and security of your password and account login and for all activities that occur under your password or account identification. Unless you make us aware of unauthorized access to your account, we will assume that use of your account is authorized. We are not responsible for any consequences from unauthorized access to your account that come from your failure to protect your password and account login. We reserve the right to take reasonable steps to ensure the security of the Site and your account. Those steps may include terminating your account, changing your password, or requesting additional information to authorize transactions on your account. You may not use anyone else's account at any time without their express permission.

Privacy

We take your privacy seriously. For details on how we collect and use your information, please refer to our . By using the Site you consent to the collection and use of your personal information as described in our Privacy Statement.

Security

We use reasonable security measures that are designed to protect information from loss, disclosure, misuse, and destruction.  Please be aware, however, that no data security measures can guarantee that the Site is free of threats or other vulnerabilities. You use the Site and transmit information to us at your own risk.

Accuracy and Availability of Products and/or Services

We work hard to make sure the content of the Site accurate, complete, reliable, and updated, but we cannot guarantee that the Site is error free. If we determine that a product or service described on the Site contains an inaccurate price or description, we reserve the right to take reasonable actions to correct the error, which may include canceling your order, unless prohibited by law. We may have different prices on the Site than in our stores. We may make improvements or changes to content, information, products, services, or programs described on the Site at any time without notice. If you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Site please notify us immediately. Your sole remedy in the event of an error is to return the product or cancel the service according to the terms of the return policy or relevant agreement.

From time to time we may change the items offered on the Site and may limit the quantity of products that you may order in a single buying session. All orders placed through the Site are subject to availability and acceptance by us.  We reserve the right to refuse or cancel orders at any time, including in the event of a payment dispute or if you violate these Terms of Use.

Ownership of Content

Our Site includes a combination of content that we and other third parties create. Most of the content available through the Site is trademarked or copyright protected. Some examples of protected content include:

• written content
• interface design and layout
• photographs
• graphics
• images
• illustrations
• logos
• sound or video clips
• software code
• animation
• trademarks belonging to or identifying the Heat, Basketball Properties, Ltd., Kaseya Center, the Miami HEAT, The Miami HEAT Store, or the National Basketball Association

You may not copy, imitate, or use any content from our Site in any way without our prior written permission or the permission of the respective owner. If you would like to request permission to use any of the content on the Site, please contact us.

Posting User Content on the Site

You may post comments, photos, videos, or other content to the Site through the Site or through certain social media platforms and allow the Heat to display or feature, for example, your name, social media user name, accompanying text, and/or any images from your social media account (collectively, “User Content”) so long as the User Content complies with these Terms of Use.  When you post User Content, you: (a) grant to the Heat a perpetual, worldwide, irrevocable, unrestricted, royalty-free license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast, and in any other way exploit the User Content, and any names, voices, likeness, and other identifying information of persons that is part of the User Content, in any form, media, software, or technology of any kind now known or developed in the future, for any purpose, including without limitation, advertising and promotional purposes, and to sublicense such rights to others; (b) represent and warrant that you have obtained all rights and licenses necessary to grant to the Heat the foregoing rights in and to the User Content; and (c) acknowledge and agree that any information or content within the User Content is not confidential or private, and may be read and used by others, including others not affiliated with the Heat.

We have no obligation to monitor or review User Content. We may refuse or remove User Content without notice to you.  Please note that deleted User Content may still exist in our backup copies, which are not publicly available and, if your User Content was shared with third parties, those third parties may have retained copies of your User Content, and neither the Heat nor our designees have any responsibility for any uses of your User Content that they might make.

Display of any User Content on the Site does not constitute approval or endorsement by the Heat.

You bear all responsibility for your User Content.  You represent and warrant that you have all rights necessary to grant to the Heat the licenses and rights above and that your User Content does not violate any term of these Terms of Use (including, without limitation, the Restrictions on Use of the Site below) or its otherwise illegal, offensive or inappropriate. In addition, you irrevocably waive any moral rights or other rights with respect to attribution of authorship regarding User Content that you may have under any applicable law. You further agree that the Heat will not be liable for any User Content or any loss or damage resulting from User Content.

Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Notice

We respect the copyright interests of others and require our users to comply with these Terms of Use and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms of Use or your copyright or trademark rights, please report the violation to termsheatretail@heat.com and provide the following information, as required by the DMCA:

• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Site (including the exact URL);
• An address, a telephone number, and an email address where we can contact you the person submitting the notification;
• A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
• A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and
• A physical or electronic signature of yourself or a person authorized to act on your behalf.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove allegedly infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove the content of both parties.

When we receive an infringement notice with all the required information and are able to locate the allegedly infringing material, we will remove or disable access to the subject material. We also will take reasonable steps to promptly notify the person who posted the subject material. We will give them the opportunity to send a counter-notification. A counter-notification must include the following, to be effective under to DMCA:

• Identification of the copyrighted work or other intellectual property that was removed or to which access was disabled, and a description of where the material appeared before it was removed or access to it was disabled (including the exact URL if known);
• A statement under penalty of perjury that the material was removed or disabled due to mistake or misidentification of the material removed or disabled;
• An address, telephone number, and email address where we can contact the person submitting the counter-notification;
• A statement that you consent to the jurisdiction of Federal District Court for your judicial district, or if you are outside the United States, for any judicial district in which the Heat may be found, and that you will accept service of process from the person who submitted the DMCA claim or his agent; and
• A physical or electronic signature of the person submitting the counter-notification.

 

Contributions

We are pleased to hear from our customers, and welcome your comments regarding our products and services. Unfortunately, our long-standing company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. So please do not send us any original or creative ideas, suggestions, or materials.

If, despite our request not to, you send us creative suggestions, ideas, notes, drawings, or concepts (collectively, the “Contribution”), please be aware that whatever you send us will become our exclusive property. If applicable law prohibits us from taking ownership of the material you send to us, by submitting the Contribution you grant us a perpetual, worldwide, irrevocable, unrestricted, royalty-free license to use the Contribution in any manner without payment or attribution to you. We will not need your permission to use or disclose the Contribution. You represent that you own or otherwise control all of the rights to the Contribution you submit to us. For the avoidance of doubt, Contributions exclude your submissions in the nature of reviews, performance assessments, or other similar analyses of the Heat’s goods and services, or of our and our employees’ and agents’ conduct (“Feedback”). You shall retain all ownership rights in and to your Feedback, but you hereby grant to the Heat a perpetual, worldwide, irrevocable, unrestricted, royalty-free license to use the Feedback in any manner whatsoever without compensation or attribution to you. No Contribution of Feedback shall be subject to any obligation of confidentiality, express or implied, on the part of the Heat, and the Heat shall not be liable for any use or disclosure of the Contribution or Feedback. You represent and warrant that you own or otherwise control all of the rights to the Contribution or Feedback that you post, that the Contribution or Feedback is accurate and, that use of the Contribution or Feedback you supply does not violate these Terms of Use and will not cause injury to any person or entity. Without limiting the foregoing, the Heat shall exclusively own all now known or hereafter existing rights to any Contribution.

Links to Third-Party Sites

For your convenience, our Site may contain links to third-party websites. We are not responsible for the privacy practices or the content of those websites, and you should review the privacy policies and terms of use of those websites. Links are not intended to imply sponsorship, affiliation, or endorsement of the linked website or its content. If you believe that the Site links to a website that contains infringing or illegal content or material, please notify us.

Restrictions on Use of the Site

We provide the Site only for your personal, non-commercial use, and subject to these Terms of Use. In addition to any restriction covered above, it is a violation of these Terms of Use to take any action that:

1. is unlawful, harmful to minors, threatening, harassing, abusive, defamatory, slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent, lewd, libelous, invasive of another's privacy, or racially, ethnically, or otherwise offensive, hateful, or abusive;
2. violates, plagiarizes or infringes any entity’s or someone else's legal rights, including, without limitation, patent, trademark, trade secret, copyright, or other intellectual property or other rights, privacy, publicity, or other rights;
3. removes any proprietary notices or labels on the Content;
4. advocates or solicits violence, criminal conduct, or the violation of any local, state, national, or international law or the rights of any third party;
5. is deceptive in any way, such as an offer to sell fraudulent goods or contains an impersonation of any person or entity or misrepresents an affiliation with a person or entity;
6. specifically advertises firearms or ammunition, tobacco, alcohol, illegal drugs, or other contraband;
7. constitutes unsolicited or unauthorized advertising, junk or bulk email (SPAM), chain letters, or any other unsolicited commercial or non-commercial communication;
8. interferes with others using the Site;
9. is off-topic according to the description of the webpage, forum, or other interactive environment;
10. contains software viruses, worms, time bombs, corrupted files, Trojan horses, or any other computer code, files, or programs that are designed or intended to disrupt, damage, overburden, impair, or limit the functioning of any software, hardware, network, server, or communications systems or equipment;
11. contains a charity request, petitions for signatures, chain letters, or letters relating to a pyramid scheme;
12. disrupts, interferes, or inhibits any other user from enjoying the Site or other affiliated or linked websites, material, contents, products, and/or services;
13. uses any robot, spider, or other such programmatic or automatic device, including, but not limited to, automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site, products, and/or services;
14. creates a false identity for the purpose of misleading others;
15. prepares, compiles, uses, downloads, or otherwise copies any user information and/or usage information or any portion thereof, or transmits, provides, or otherwise distributes (whether or not for a fee) such information to any third party;
16. uses any of our copyrights or trademarks or our domain name as a pseudonymous return email address;
17. contains any offer for unsolicited goods or services or any advertising or promotional materials, except in those areas specifically designated for such purpose (e., classified bulletin board, if applicable);
18. provides material support or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
19. attempts to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the software or any Content or the Site;
20. reproduces, duplicates, copies, sells, trades, resells, or exploits for any commercial purposes, any portion of the Site or Content, use of the Site, or access to the Site;
21. publishes, publicly performs or displays, or distributes to any third party any Content, including reproduction on any computer network or broadcast or publications media;
22. systematically collects and uses any Content, including the use of any data mining, or similar data gathering and extraction methods;
23. makes derivative uses of the Site or the Content;
24. uses, frames, or utilizes framing techniques to enclose any portion of the Site (including the images found at the Site or any text or the layout/design of any page or form contained on a page); and/or
25. modifies, translates, decompiles, disassembles, uses reverse engineering, or otherwise attempts to derive the source code for the computer systems and other technology that operate our Site. For purposes of these Terms of Use, “reverse engineering” shall include the examination or analysis of the Site to determine the source code, structure, organization, internal design, algorithms, or encryption devices of our Site's underlying technology.

Limitation of Liability

IN NO EVENT WILL THE HEAT, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE USE OR INABILITY TO USE THE SITE, USER CONTENT, OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, USER CONTENT, OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE, INCLUDING USER CONTENT; (F) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; OR (G) ANY OTHER MATTER RELATING TO OUR SITE, EVEN IF YOU CLAIM TO HAVE NOTIFIED THE HEAT ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES, UNLESS OTHERWISE PROVIDED FOR BY LAW, THEN THE AGGREGATE LIABILITY OF THE HEAT UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS BEYOND THOSE CONTAINED HEREIN. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, THE HEAT AND ITS AFFILIATES, LICENSORS, VENDORS, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, SERVICE, USER CONTENT, OR CONTENT, UNLESS SUCH DAMAGES OR INJURIES ARE THE RESULT OF OUR OR THEIR NEGLIGENT, FRAUDULENT, OR RECKLESS ACTS OR INTENTIONAL MISCONDUCT.

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, SERVICE, USER CONTENT, AND CONTENT TO YOU, AND WE WOULD NOT PROVIDE THE SITE, SERVICE, USER CONTENT, OR CONTENT TO YOU WITHOUT THIS LIMITATION.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Disclaimer of Warranties

THIS SITE IS MADE AVAILABLE TO YOU “AS IS,” WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES.

IN ADDITION, THE HEAT MAKES NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES THAT (A) THIS SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; (B) THIS SITE WILL BE TIMELY, CONTINUOUS, AND WITHOUT INTERRUPTION; (C) THIS SITE WILL BE SECURE (INCLUDING FREE FROM UNAUTHORIZED ACCESS), PROVIDE CONTINUOUS STORAGE OR ACCESS, OR BE ERROR-FREE; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE, COMPLETE, OR RELIABLE; (E) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS; AND (F) ANY ERRORS IN OUR SITE OR SOFTWARE WILL BE CORRECTED.

THE HEAT HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, ORAL, OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL WARRANTIES OF TITLE, ACCURACY OF DATE, AND/OR NON-INFRINGEMENT, UNLESS OTHERWISE PROHIBITED BY LAW.

TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT WARRANTIES, REPRESENTATIONS, OR GUARANTEES HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED MERELY AS NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES, OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION AND OTHER TERMS OR PROVISIONS OF THESE TERMS OF USE, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

Governing Law

By visiting or using the Site, you agree to be bound by the laws of the State of Florida and the Federal Arbitration Act, without regard to principles of conflicts of law, which will govern these Terms of Use and any dispute of any sort that might arise between you and the Heat.

Dispute Resolution

READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE SUIT IN COURT.

Any dispute or claim relating in any way to your use of the Site, or in connection with any products or services sold or distributed via the Site, as applicable, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Use.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator can, however, award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms of Use as a court would.  The decision of the arbitrator will be in writing and binding and conclusive on you and the Heat, and judgment to enforce the decision may be entered by any court of competent jurisdiction.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Alan Fein, Esq., at 150 West Flagler Street, Suite 2200, Miami, Florida 33132. THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's rules. We will reimburse the foregoing fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Notwithstanding the foregoing, you and the Heat agree not to seek any attorney's fees and expert-witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for an improper purpose. You and the Heat understand that, absent this mandatory arbitration provision, you and the Heat would have the right to sue in court and have a jury trial. You and the Heat further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The arbitrator shall apply Florida law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law.

If your claim is solely for monetary relief of $10,000 or less, and does not include a request for any type of equitable remedy, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules in Miami-Dade County, Florida. You and the Heat agree to submit to the personal jurisdiction of any state or federal court in Miami-Dade County, Florida to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

You have the right to opt-out and not be bound by these arbitration provisions by sending written notice of your decision to opt-out to the following address: ATTN: General Counsel, 601 Biscayne Boulevard, Miami, Florida 33132 and termsheatretail@heat.com.

You must provide your name, address, email that is associated with your Heat account if there is one, and a clear statement that you want to opt out of this arbitration provision, within the later of 30 days after your first use of the Site, or within 30 days of substantive changes, if any, being made to these Terms of Use, otherwise you shall be bound to arbitrate any disputes, claims, or controversies in accordance with the terms of this section. If you opt out of these arbitration provisions, the Heat will similarly not be bound by them. If you do not affirmatively elect to opt out as described above, your use of the Site will be deemed to be your irrevocable acceptance of these Terms of Use and any changes/updates to this section or otherwise.

If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor the Heat shall be entitled to arbitrate the dispute. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, you and the Heat agree to waive, to the fullest extent allowed by law, any trial by jury.

Class Action Waiver

READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You agree that you and the Heat will resolve any disputes, claims, or controversies on an individual basis, and that claim(s), if any, brought under these Terms of Use in connection with the Site will be brought in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. You and the Heat further agree that you shall not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising under these Terms of Use or in connection with the Site.

The terms of this provision will also apply to any claims asserted by you against any of the Heat’s affiliates, to the extent that any such claims arise out of your access to, and/or use of the Site, and/or the provision of content, services, and/or technology on or through the Site.

Indemnification

You agree to indemnify, hold harmless and, at our option, defend the Heat (including our affiliates, officers, directors, employees, agents, licensors, suppliers, and any third party information providers) from and against all damages, claims, demands, liabilities, losses, costs, and expenses, including reasonable attorney’s fees in connection with or arising out of violation of these Terms of Use, your use of the Site, User Content, the Feedback, the Content, the Contribution, your passwords and/or account information, or your violation of any law or the rights of another. These obligations will survive any termination of your relationship with the Heat or your use of our Site.

Termination of Right to Use the Site

If you breach any of these Terms of Use, the Heat may terminate your right to use the Site. Upon such termination, you shall immediately delete or destroy any copies (electronic or otherwise) of the Content or any other materials or information you have obtained from the Site.

No Waiver

No delay or omission by the Heat to exercise any right or power occurring upon any breach of these Terms of Use shall impair any such right or power or be construed to be a waiver thereof. A waiver by the Heat of any breach of these Terms of Use shall not be construed to be a waiver of any subsequent breach. 

Severability

The determination that any provision of these Terms of Use is invalid or unenforceable will not affect the validity or enforceability of the remaining provisions or of that provision under other circumstances. Any invalid or unenforceable provision will be enforced to the maximum extent permitted by law.

Minors

This Site is not directed to children under 13 years of age (or such other digital age of consent in your jurisdiction) (together, the “Age of Consent”) and we do not knowingly collect personal information from children under the Age of Consent.  If you are under the Age of Consent you should not use this Site, and under no circumstances should you send information about yourself to us.  If we are made aware that a child under the Age of Consent has provided us with personal information, we will immediately delete that child’s information from the Site. 

 

Entire Agreement

These Terms of Use (as amended from time to time), including policies incorporated herein (e.g., Privacy Policy) constitute the entire agreement between you and the Heat regarding the Site, User Content, and your use of the Site or the Content, and supersede any prior agreement or understanding, arrangements, undertaking, or proposal, written or oral, between you and the Heat in relation to such matters. No oral representation or agreement given by any party shall alter the interpretation of these Terms of Use. 

 

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