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PRIVACY POLICY

As of May 8, 2017

We are strongly committed to protecting the privacy of your personal information.  The policies below are applicable to the Miami Heat Store website: www.themiamiheatstore.com (the “Site”).

Purpose

This Privacy Policy is intended to let you know (1) the kinds of personal information we may gather during your visit to the Site; (2) why we gather your information; (3) what we use your personal information for; (4) when we might disclose your personal information; and (5) how you can manage your personal information.

Your Consent

By visiting the Site, you accept the practices described in this Privacy Policy, including the collection and use of your personal information.  If you do not agree to the terms of our Privacy Policy, please do not use the Site. 

Information Collected

Except as disclosed below, we will not sell, share, trade, rent, or give away your personal information.

  • Information You Give Us. We receive and store any information you enter on the Site or give us in any other way, including when registering for mailing lists, during ordering, purchasing, and/or billing, entering a contest, sweepstakes or other promotion, as well as provided in your comments and requests.  Our Site may give you the ability to register for an account or to create and update a user profile on the Site. If we offer user account or profile functionality on the Site, we will collect the personal information that you provide to us in the course of registering for an account or creating or updating a user profile.  This information will vary but may include personal identifiable information (information that identifies or describes you) such as your first and last name, e-mail address, mailing address (including city, state, zip code and country), telephone number, and credit card information.
  • Anonymous Information. Even if you do not explicitly provide us with information, we may collect certain non-personal information when you interact with the Site.  For example, our servers may keep an activity log that tracks all visitors to the Site.  The information in the activity log is anonymous and therefore does not identify you individually.  The anonymous information our server collects may include among other data: your IP address, your registered domain or home server, time of access, date of access, web page(s) visited, number of clicks, the content, features, and activities that you access and participate in on the Site, software crash reports, type of browser used, the nature of the device from which you are visiting the Site (e.g., a personal computer or a mobile device), session identification number, search terms, search results, access times, and referring website’s address(es). We may collect this information passively using technologies such as standard server logs, cookies, and clear GIFs (also known as “Web beacons”).  We use passively-collected information to administer, operate, and improve the Site and our other services and systems, to improve the effectiveness of advertising on our Site, and to provide advertisements and other content that is tailored to you.  If we link or associate any information gathered through passive means with personal information, or if applicable laws require us to treat any information gathered through passive means as personal information, we treat the combined information as personal information under this Privacy Policy.  Otherwise, we use and disclose information collected by passive means in aggregate form or otherwise in a non-personally identifiable form.
  • Like many websites, we may use cookies to enhance your shopping and browsing experience.  Cookies are small text files that are stored on your computer or equipment when you visit certain online pages that record your preferences.  We use cookies to track your use of the Site and its features.  We may also use cookies to monitor traffic, improve the Site, and make it easier and/or more relevant for your use.  The text in a cookie, by itself, only tells us that you have visited our Site before. It does not store any personal information such as your name, e-mail address, street address, or phone number. Cookies are also used to maintain your shopping basket. All data contained in the shopping basket is kept on our server and not in the cookie your machine is assigned.  You have the ability to accept or decline cookies.  Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser settings to decline cookies.  If you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart, proceed to Checkout, or use any products or services on the Site that require you to Sign In.
  • If you access the Site from a mobile device, the Site may try to access to your location in order to tailor your experience with the Site based on your location (“Location-based Services”) and in such an event we may collect information about the location of your device such as GPS coordinates; provided however, only if certain features of your mobile phone, such as GPS, Wi-Fi, and Bluetooth, are enabled.  If Location-based Services are enabled, we may be able to identify your location through a variety of means, including GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available.  To the extent your location is collected through GPS or Wi-Fi or Bluetooth sensors, such sensors, and the associated data services, may be provided by a third-party, and you agree and acknowledge that such third-party may access such information for the purpose of providing such data services to us.  If you choose to disable any Location-based Services on your device, you will not be able to utilize certain features of the Service.  By enabling Location-based Services on your device, you agree and acknowledge that (1) device data we collect from you is directly relevant to your use of the Site; (2) we may provide Location-based Services related to and based on your then-current location; and (3) we may use any such information collected in connection with the provision of Location-based Services in connection your use of the Site and as otherwise provided for in this Privacy Policy.
  • Please be aware that in the course of your use of the Site, websites or other services provided by third-parties (“Third-Party Services”), including, for example, Google Analytics, may set cookies on your hard drive or use other means of passively collecting information about your use of the Site, Third-Party Services or other services or content. To do this, they may use first-party cookies (which are set by the same domain your browser is receiving data from) or third-party cookies (which are set by a different domain).  We also may make non-personally identifiable information available to Third-Party Services, and these Third-Party Services may collect such information, to assist such parties in understanding our users’ activities and usage patterns on the Site.  We do not have access to, or control over, the actions of Third-Party Services.  Each provider of Third-Party Services uses information that it collects in accordance with its own privacy and security policies.
  • Our Site is not directed to children under the age of 13, and we do not knowingly collect personal information from children under 13 years of age.  If you are under 13 years of age you should not use this Site, and under no circumstances should you send information about yourself to us.  If we discover that a child under the age of 13 has provided us with personal information, we will immediately delete that child’s information from the Site.

How We May Use Your Information

Except as disclosed in this Privacy Policy, we will not disclose personal information that we collect to any parties other than those with whom we partner or are affiliated with, without your consent.

  • Information You Give Us. We may use this information to process and fulfill your order, notify you of your order status, respond to your inquiry, and communicate with you when necessary to provide customer service and/or follow-up information related to a product purchase or shipping information.  We may also use information you provide to communicate with you about your interest in our events and our company, to help us improve, operate and enhance your experience on the Site, to promote our events, notify you about important functionality changes to the Site, new services, and special offers we think you'll find valuable, to tailor advertisements, content, and other aspects of your experience on and in connection with the Site, for other administrative purposes, to prevent or detect abuses of our terms of use, and to enable third-parties to carry out technical or other functions on our behalf as well as any other purpose that we may disclose to you at the point at which we request your personal information. We may combine the information that you provide with supplemental information (including mailing address updates and demographic data) that we obtain from public sources or reputable third-parties. Information combined with personally identifiable information becomes, and is treated as, personally identifiable information under this Privacy Policy. By giving us information, either through the Site or e-mail, you expressly consent to our collection, use, and disclosure of the information as described in this Privacy Policy.
  • Anonymous Information. We may aggregate and use anonymous information, including the domain name of e-mail addresses of visitors to the Site, to help us determine how people use the Site and to improve the Site’s performance and usefulness.
  • Third-Parties. We may employ other companies and individuals to perform functions on our behalf, including fulfilling orders, delivering packages, processing credit card payments, marketing, and providing analytics assistance.  From time to time, we may also share personally identifiable information or non-personally identifiable information with third-parties that we have engaged to perform certain services in connection with the operation of certain aspects of the Site, including to customize, deliver, measure, analyze, improve and support our services, content, advertising and layout, your interaction with those aspects, and to deliver more relevant messages and advertisements to you. These third-party service providers are authorized to use personally identifiable information only as needed to perform their functions on our behalf and are required to maintain the security of your personal information as stated in this Privacy Policy.
  • We may change our ownership or corporate organization while providing the Site.  As a result, we may transfer your information to another company that is affiliated with us, with which we have merged, or which has acquired all or some of our assets.
  • Emergency Situations. We may also use or disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to applicable law or comply with legal process served on us or the Site; (2) protect and defend our rights or property, the Site, or our users; and (3) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, or the users of the Site or the public.

Managing Information and Opting-Out

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 information be removed from our Site by e-mailing us at the address provided above.  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.  Additionally, even after you opt-out from receiving commercial messages from us, you will continue to receive administrative messages from us regarding our Site.

Security

When you place orders or access your account information, including anywhere on the Site where we request credit card information, we offer the use of a secure server. Personal information collected on the Site is stored in secure operating environments.  Secure Sockets Layer (SSL) software encrypts all information you input before it is sent to us. While we try our best to safeguard your information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.  It is important for you to protect against unauthorized access to your password and to your computer.  Be sure to sign off when finished using a shared computer.

Governing Law – International Visitors

Our Site is published in the United States and is governed by United States law.  If you are located within the European Union, you should be aware that your personal identifiable information will be transferred to the United States, the law of which may be deemed by the European Union to have inadequate data protection.  Our servers and data centers are located in the United States.  If you are located in a European Union country or another country outside the United States and voluntarily submit personal information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to and/or storage of that information in the United States.  Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Site.  You should know that each region can have its own privacy and data security laws, some of which may be less stringent as compared to those of your own region.

Choice of Law 

If any disputes arise between us regarding your use of the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to principles of conflicts of law, will govern our Privacy Policy and any dispute of any sort that might arise between you and us.

Disputes 

Any dispute arising out of our Privacy Policy shall be governed by the dispute resolution provision in our Terms of Service, unless otherwise prohibited by law.

Your California Privacy Rights 

California Law permits our customers who are California residents to request certain information regarding our disclosure of personally identifiable information to third-parties for their direct marketing purposes. To make such a request, please send an e-mail to privacyheatretail@heat.com.

Changes to Privacy Policy

We may occasionally update our Privacy Policy.  When we do, we will also revise the “last updated” date at the beginning of the Privacy Policy.  Your continued use of our Site after such changes will be subject to the then-current policy.  If we change this Privacy Policy in a manner that is materially less restrictive of our use or disclosure of your personal information, we will use reasonable efforts to notify you of the change and to obtain your consent prior to applying the change to any personal information that we collected from you prior to the date the change becomes effective.  We encourage you to periodically review this Privacy Policy to stay informed about how we collect, use, and disclose personal information.

“Do Not Track” Policy

The Site does not currently respond to a “do not track” or similar signal.

Contact

If you have any questions about this Privacy Policy, don’t see your concerns addressed here, or wish to make changes to any personal information we have collected, you should contact us by e-mail at privacyheatretail@heat.com.

 

 

TERMS OF SERVICE

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.

The below terms of service govern the internet sites operated by the Miami HEAT (“Heat”, “we”, “our” and “us”). Our Internet sites offer a wide variety of resources, products, and services, which 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 (all of which are collectively called our “Site” or “Sites”). The term “you” or “your” includes any of your subsidiaries, affiliates, and employees.

Your use of this Site in any form, your creation of an account and/or your submission of any information through the Site constitute your agreement to be bound by these Terms of Service, your representation and warrantee that you are at least 18 years of age, and your agreement to abide by any rules, policies, and guidelines in connection with such use, which are incorporated into herein by reference (“Agreement”).  Certain services available through our Site, especially services for which you are asked to subscribe or pay money, may have their own terms and conditions that apply to your purchase or use of that particular service or good. This Agreement does not alter in any way the terms or conditions of any of these other written or online terms and conditions or agreements you may have or will have with the Heat, including any other website terms of use with a Heat affiliate. Please read these Terms of Service carefully before you continue to use the Site or submit any information to the Heat through the Site. IF YOU DO NOT AGREE TO ANY OF THE TERMS HEREIN OR AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, WE ARE UNWILLING TO GRANT YOU ACCESS TO THE SITE OR THE SERVICES.

Modification
The Heat may modify these Terms of Service from time to time without prior notice. Modifications shall be effective immediately upon being posted on the Site. You should read these Terms of Service whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by the Terms of Service as modified. The Heat reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that the Heat shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof). IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF SERVICE, DO NOT USE THE SITE AND DO NOT SUBMIT ANY INFORMATION TO THE HEAT THROUGH THE SITE.

Eligibility

Only individuals (and not legal entities) who (a) have reached the age of majority (eighteen in most states); (b) have legal capacity to enter into contracts; and (c) are citizens of or residents living in the continental United States of America, Alaska, Hawaii or the District of Columbia may buy, manage, and pay for products and services through this Site. If you are under the age of majority or otherwise cannot lawfully enter into a contract, you must have your parent or guardian place an order on your behalf and thereby assent to these Conditions of Sale. While this Site is only intended to be accessed from within the United States, we will, at our discretion, ship orders to non-United States based recipients and by making such a request, you are agreeing to be bound by U.S. law, U.S. jurisdiction for the resolution of claims relating to the Site, if any, and these Terms of Service. 

By placing an order through the Site, you represent and warrant that you are a bona fide end-user customer and will not deliver, sell, or otherwise distribute the Heat’s products or purchase Heat’s products for commercial purposes or any other commercial benefit. If the Heat believes, in its sole discretion, that an order would violate the terms of the preceding sentence or that you are  engaging in fraudulent or grey market activities, then the Heat may refuse such order.

Any orders placed in contravention to this provision shall be null and void.

Online Account

Use of some portions of the Site may require you to register or create an account.  In doing so, you agree to: (a) provide true, accurate, current, and complete information; and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, false, inaccurate, not current, or incomplete, the Heat may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).

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 ensuring that your password and account login are kept secret, safe and secure at all times and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify the Heat of any unauthorized use of your password or account or any other breach of security. Without limiting any rights which the Heat may otherwise have, the Heat reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Sites and your account, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, the Heat may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall the Heat be held liable to you for any liabilities or damages resulting from or arising out of (a) any action or inaction of the Heat under this provision; (b) any compromise of the confidentiality of your account or password; and (c) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder.

Privacy

Please refer to our Privacy Policy for more details about how we may collect and use your personal information in or in connection with the Site.  The Heat’s use of your personal information is governed by our Privacy Policy, which is incorporated herein by reference.  You agree that by your use of the Site you consent to the collection and use of your personal information (as set forth in the Privacy Policy).

Security

We use reasonable security measures that are designed to protect personal information from accidental loss, disclosure, misuse, and destruction.  These measures may include regular review of our data collection and storage processes, data encryption, and security software on our networks and servers.  Please be aware, however, that no data security measures can be completely effective.  Consequently, you understand and agree that such steps do not guarantee that use of the Site is invulnerable to all security breaches, and that the Heat makes no warranty or representation nor can it ensure that use of any of our Site is protected from viruses, security threats, or other vulnerabilities.  You transmit information to us at your own risk.

Accuracy and Availability of Products

While every effort will be made to ensure that the descriptions, photographs, information, graphic depictions, product and service descriptions, or other content of the Sites is accurate, complete, reliable, updated, current, or error-free, the Heat does not warrant that the Site is error free. In the event the Heat determines that a product or service contains an inaccurate price or description, the Heat reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including, without limitation, canceling your order, unless prohibited by law. The Heat, at is option, may have different prices on the Site than in its stores.  The Heat may make improvements or changes to any of its content, information products, services, or programs described on the Sites at any time without notice. You agree to notify the Heat immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Sites and to comply with any corrective action.  Your sole remedy in such event of any such error is to return the product (or cancel the service, if applicable) according to the terms of the return policy (or relevant agreement, in the case of a service, if applicable).

All orders placed through the Site are subject to availability and acceptance by the Heat.  Further, the Heat reserves the right to change the assortment of items proposed on the Site and may limit from time to time the quantity of products that you may order in a single buying session. Notwithstanding anything to the contrary provided for herein, the Heat reserves the right to refuse, cancel, and terminate orders at any moment in time. For example, the Heat may refuse, terminate, or cancel your order if there is an ongoing dispute concerning payment of a prior order or if the Heat suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Terms of Service.

Trademark Information

Trademarks (including but not limited to those belonging to and/or identifying the Miami HEAT, The Miami HEAT Store, and/or the National Basketball Association) that are used or displayed on the Sites are owned by us or by other third parties that offer and provide products and services on or through the Sites. Our trademarks may not be copied or used, in whole, partial, or modified form, without our prior written permission or, if applicable, our licensee. In addition, the Heat’s graphic interfaces, logos, designs, icons, scripts, and page headers are covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, imitated, or used, in whole, partial, or modified form, without our prior written permission. Other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. You may not use any meta tags or any other “hidden text” utilizing our trademarks or product information without our express written consent. 

Ownership of Content

Our Site includes a combination of content that we and other third parties create (collectively, the “Content”). All of the Content available through the Site, including, but not limited to, written content, interface design and layout, photographs, graphics, images, illustrations, marks, logos, sound or video clips, software code, and animation, is trademarked or copyright protected. You may not use, store, display, modify, reproduce, publish, transmit, participate in the transfer or sale of, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content on the Site in whole or in part. If you would like to request permission to use any of the Content on the Site, please contact us.

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

The Heat respects the copyright interests of others and, as such, requires our users to comply with these Terms of Service and all applicable laws regarding copyrights. If you believe that any content shown on or transmitted through the Site violates these Terms of Service or your copyright please report the violation to termsheatretail@heat.com and provide the following information:

  • 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;
  • 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; and
  • 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.

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.

Contributions

The Heat is pleased to hear from its customers and welcomes your comments regarding its products and services. Unfortunately, however, the Heat’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. Accordingly, we must ask that you not send us any original or creative ideas, suggestions, or materials. While the Heat does value your feedback on our services and products, we request that you be specific in your comments on those services and products, and do not submit any creative ideas, suggestions, or materials.

If despite our requests that you do not send the Heat any such materials, you send the Heat creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the “Contribution”), such Contribution shall be deemed, and shall remain, the exclusive property of the Heat, unless prohibited by law in which case you hereby grant the Heat a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use the Contributions in any manner whatsoever without compensation or attribution to you.  Use of the Contribution shall not require permission from or payment to you or to any other person or entity. No Contribution 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.  You represent and warrant that you own or otherwise control all of the rights to the Contribution that you post, that the Contribution is accurate and, that use of the Contribution you supply does not violate this Agreement 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

To provide you with access to related sites, our Site may contain links to third party websites. By clicking on or following through to any such websites, you agree to review and agree to such third party website’s terms of use and privacy policies. The Heat is not responsible for the privacy practices or the content of any such third party websites. Links are not intended to imply sponsorship, affiliation, or endorsement of the linked website or any content or material on such website. If you believe that the Heat has provided a link to a website that contains infringing or illegal content or material, please notify us so that we may evaluate whether (in our sole discretion) to disable or remove such link.

Restrictions on Use of the Site

Subject to the terms and conditions of these Terms of Service, the Heat hereby grants you a revocable, non-transferable, non-exclusive, personal, and limited license to use and view the Site solely for purposes of requesting or reviewing the Heat’s goods and services and not for any commercial use or for use with, or on behalf of, any third party based on your agreement to use the Site and the Content in a manner consistent with all applicable laws and regulations. Additionally, you will not take any of the following actions with respect to our Site or Content, nor will you use our Site to upload, post, email, distribute, transmit, link, solicit, or otherwise make available any Content or use our Site in any manner 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. infringes someone else's patent, trademark, trade secret, copyright, or other intellectual property 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 Sites;
  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 Sites 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 for any portion thereof, or transmit, provide, or otherwise distribute (whether or not for a fee) such information to any third party;
  16. uses any of our copyrights or trademarks or 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.g., classified bulletin board);
  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 Sites;
  20. reproduces, duplicates, copies, sells, trades, resells, or exploits for any commercial purposes, any portion of the Sites or Content, use of the Sites, or access to the Sites;
  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 Sites or the Content;
  24. uses, frames, or utilizes framing techniques to enclose any portion of the Sites (including the images found at the Sites 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, “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, AND 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 SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES; (B) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES; (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; (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).  

YOU ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM BETWEEN YOU AND US RELATING TO THE PROVISION OF THE SITE, THE SERVICE, AND THE CONTENT TO YOU, AND WE WOULD NOT PROVIDE THE SITE OR SERVICE 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 THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

Governing Law

By visiting or using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Florida, without regard to principles of conflicts of law, will govern these Terms of Service 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 this Agreement.

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 the terms of these Terms of Service 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 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.

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 the county where you live or at another mutually agreed location.

For residents outside the United States, arbitration shall be initiated in Miami-Dade County, Florida, and you and the Heat agree to submit to the personal jurisdiction of any state or federal court in Miami-Dade, 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, and email that is associated with your Heat account, 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 changes, if any, being made to the Site, 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 Service 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. 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 Service 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 Service 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 this Agreement, your use of the Site, the Content, the Contributions, these Terms of Service, 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 Website

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

No Waiver

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

Severability

The determination that any provision of this Agreement 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

The safety of children is important to us, and we encourage parents and guardians to take an active interest in the online activities of their children.  Our Site is not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13 without obtaining parental consent. 

Entire Agreement

These Terms of Service (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 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 the Terms of Service. 

Last updated May 8, 2017

 

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