Terms of Use – Heatlock VIP Tools

The Heatlock VIP Tools are made available to You only upon Your continued compliance with the following Terms of Use. The Heatlock website, including the Heatlock VIP Tools, is operated by Heatlock Company Limited, having a place of business at Witty Commercial Building, 9-FL, Room 12/F, 1A-1L Ting Choi Street, Mong Kok, KLN, Hong Kong (“Heatlock”).

NOTCE: THESE TERMS OF USE CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITIES RELATED TO YOUR USE OF THE HEATLOCK VIP TOOLS. PLEASE READ THE ENTIRETY OF THESE TERMS OF USE CAREFULLY PRIOR TO ACCEPTANCE.

These Terms of Use govern Your use of the Heatlock VIP Tools. As used in these Terms of Use, “Heatlock VIP Tools” means the functionality available to registered users of the Heatlock VIP Portal located at https://heatlock.com/vip-v2/and all related and associated pages.

1. Acceptance of Terms of Use. These Terms of Use govern your use of the Heatlock VIP Tools. By using, visiting, or browsing the Heatlock VIP Tools, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Heatlock VIP Tools.
2. Changes to Terms of Use. Heatlock may, from time to time, change these Terms of Use. Such revisions shall be effective immediately upon posting anywhere on the Heatlock website where similar public notices are published. You agree that a posting of this kind suffices as written notice to You of the changes.
3. Privacy. You will be able to access the Heatlock VIP Tools without providing or registering personal details with Heatlock. Heatlock reserves the right to make certain areas of the Heatlock VIP Tools available only upon the submission of certain personal details.
4. Communication Preferences. By using the Heatlock VIP Tools, you consent to receiving electronic communications from Heatlock relating to your account. These communications may involve sending emails to your email address provided during registration or posting communications on the Heatlock website You agree that any notices, agreements, disclosures or other communications that are sent to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
5. Unacceptable Use. The following uses shall be unacceptable uses of the Heatlock VIP Tools and shall be grounds for immediate termination of all account privileges. You are responsible for all activity on your account.
1. Your account shall not be used to harass, threaten or defame any person or entity.
2. Your account shall not be used to express political commentary or for the transmission of religious or ethnic slurs against any person or group.
3. Your account shall not be used to violate the privacy rights of any person or to collect or disclose any personally identifiable information without advance written permission from the subject of your efforts.
4. Your account shall not be used to commit any illegal act, to aid and abet the commission of any illegal act or to conceal evidence of any illegal act.
5. Your account shall not be used in a manner that infringes or tarnishes the intellectual property rights of others, including but not limited to the publication, reproduction or dissemination of any proprietary software, audio recordings, video recordings, photographs or other works of original authorship without appropriate written consent from the author or rights holder.
6. Your account shall not be used to gain unauthorized access to any computer, network, or communications system including any Heatlock device hosting the Heatlock VIP Tools.
7. Your account shall not be used to attempt to penetrate or disable any security system, to distribute a virus, launch a Denial-of-Service attack or otherwise attempt to interfere with any electronic device or system.
8. Your account shall not be used to access or interfere with the account of any other user of the Heatlock VIP Tools.
9. Your account shall not be used to intentionally or negligently mislead anyone about the nature or details of any commercial transaction or otherwise commercially deceive or defraud any person or entity.
10. Your account shall not be used to send or assist in the sending of bulk unsolicited emails (“spam”) or to violate any law or regulation limiting the distribution of unwanted or unsolicited communications.
11. Your account shall not be used in a manner that violates the terms of use of any social media site or other public forum.
12. Your account shall not be used to negligently, recklessly or willfully cause any harm, including reputational harm, to Heatlock or its distributors, suppliers, customers or commercial partners.

If any unacceptable use on your account compels Heatlock, at its sole discretion, to take remedial action related to the violation, you shall be required to pay all costs associated with Heatlock’s investigation, its remedial measures, its attorney fees and any other Heatlock losses foreseeably resulting from the unacceptable use.

Heatlock requests that, if you are aware of any actual or potential unacceptable use of the Heatlock VIP Tools by others, you report the relevant information to Heatlock without delay.

1. Heatlock VIP Tools Service
1. You must be 18 years of age, or the age of majority in your province, territory or country, to use the Heatlock VIP Tools.
2. Each registration is for a single user only. Heatlock does not permit you to share your username and password with any other person, nor with multiple users on a network.
3. Responsibility for the security of any passwords issued rests with you. If you know or suspect that someone else knows your password, you should contact Heatlock to change it immediately.
4. The Heatlock VIP Tools are to be used exclusively to facilitate the marketing and sale of Heatlock products or for the promotion of a favorable impression of Heatlock, its business, reputation and goodwill. The Heatlock VIP Tools may not be used for any personal or non-commercial use without the express written consent of Heatlock. You are granted a limited, non-exclusive license to use the trademarks, service marks, trade dress and other source designators of Heatlock in your use of the Heatlock VIP Tools upon the following conditions:
1. No Heatlock marks or related graphics available through the Heatlock VIP Tools are modified in any way. No modification of colors, text, font, design elements, graphics or changes in proportion or orientation are permitted.
2. No graphics on the Heatlock VIP Tools are used separately from accompanying text of which they are a part.
3. Any of Heatlock’s copyright and trademark notices and other permission notices shall appear consistently and regularly in all user output that incorporates any Heatlock brand identification.
5. Unless otherwise stated, the copyright and other intellectual property rights in all material related to the Heatlock VIP Tools (including, but not limited to, photographs and graphic images) are owned by Heatlock or its licensors. For the purposes of these Terms of Use, any use of extracts from the Heatlock VIP Tools other than in accordance with Section 6.d. above for any purpose is prohibited. If you breach any of these Terms of Use, your permission to use the Heatlock VIP Tools automatically terminates and you must immediately cease publication of any content derived from the Heatlock VIP Tools.
6. Subject to Section 6.d., no part of the Heatlock VIP Tools may be reproduced or otherwise included in any public or private electronic retrieval system or service without Heatlock’s prior written permission.
7. Any rights not expressly granted in these Terms of Use are reserved.
8. You agree to use the Heatlock VIP Tools, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Heatlock VIP Tools or content therein. You agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the Heatlock VIP Tools without express written permission from Heatlock and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Heatlock VIP Tools; use any robot, spider, scraper or other automated means to access the Heatlock VIP Tools; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Heatlock VIP Tools; insert any code or product or manipulate the content of the Heatlock VIP Tools in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Heatlock VIP Tools, including any software viruses or any other computer code, files or programs.

1. Heatlock may suspend or cancel your registration immediately at its reasonable discretion if you breach any of your obligations under these Terms of Use. Heatlock may terminate or restrict your use of the Heatlock VIP Tools, without notice, if you are, or if Heatlock suspects that you are, (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the Heatlock VIP Tools.

1. While Heatlock endeavors to ensure that the Heatlock VIP Tools are available 24 hours a day, Heatlock will not be liable if for any reason the Heatlock VIP Tools are unavailable at any time or for any period. Access to the Heatlock VIP Tools may be suspended temporarily and without notice in the case of system failure, maintenance or repair, or for any other reason beyond Heatlock’s reasonable control.
1. Dispute Resolution by Arbitration
1. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Illinois, U.S.A. without regard to conflict of laws provisions.
2. ALL DISPUTES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR OTHERWISE RELATED TO YOUR USE OF THE HEATLOCK VIP TOOLS SHALL BE FULLY AND FINALLY SETTLED UNDER THE RULES OF ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE BY ONE OR MORE ARBITRATORS APPOINTED IN ACCORDANCE WITH SAID RULES. THE LOCATION OF ANY SUCH ARBITRATION SHALL BE IN HONG KONG. THE LANGUAGE OF THE ARBITRATION SHALL BE CHOSEN BY HEATLOCK.
2. Use of Information Submitted. Heatlock is free to use or modify any product of your use of the Heatlock VIP Tools, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Heatlock VIP Tools and Heatlock’s Products.
3. Disclaimers and Limitation Of Liability
1. Heatlock is not responsible for and makes no warranties, express or implied, as to the fitness of any output from your use of the Heatlock VIP Tools. Heatlock is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail due to technical problems or traffic congestion on the Internet or on the Heatlock website or combination thereof, including any injury or damage to your or to any person’s computer related to or resulting from any use of the Heatlock VIP Tools. Under no circumstances shall Heatlock be responsible for any loss or damage, including personal injury or death, resulting from use of the Heatlock VIP Tools, or from any content posted on or through the Heatlock VIP Tools.
2. THE HEATLOCK VIP TOOLS ARE PROVIDED BY HEATLOCK ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HEATLOCK DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF ALL FORMS OF USE OF THE HEATLOCK VIP TOOLS.
3. Without limiting the foregoing, Heatlock makes no representation or warranty of any kind, express or implied: (i) as to the operation of the Heatlock VIP Tools, or the information and content, and materials or products included thereon; (ii) that the Heatlock VIP Tools will be uninterrupted or error-free; or (iii) that the Heatlock VIP Tools, its servers, content, or e-mails sent from or on behalf of Heatlock are free of viruses, scripts, Trojans, worms or other harmful components. Heatlock does not guarantee the continuous, uninterrupted or secure access to the Heatlock VIP Tools, or any related services. The operation of the Heatlock VIP Tools may be interfered with by numerous factors outside the control of Heatlock.
4. Under no circumstances shall Heatlock be liable for any damages that result from the use of or inability to use the Heatlock VIP Tools, including but not limited to reliance by you on any information obtained from the Heatlock VIP Tools or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Heatlock’s records, programs, or services. You agree that Heatlock will not be liable for any indirect, incidental, special or consequential damages arising from the use of the Heatlock VIP Tools, even if Heatlock has been advised of the possibility of such damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
4. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

DATE POSTED: FEBRUARY 16, 2021