Use of the web site hellerindustries.com (the “Site”) and its contents is subject to the following terms
and conditions. By using the Site, or by clicking the “I agree” checkbox, you accept and agree to be
legally bound by these Terms of Use, whether or not you are a registered member of the Site. If any of
these Terms of Use is unacceptable to you, do not use the Site.
The Site is operated by the President and staff of Heller Industries Inc. (“Heller Industries Inc.”) in
support of its mission to educate and to disseminate knowledge and information. As used in these
Terms of Use, the terms “we,” “us” and “our” refer to Heller Industries Inc..
1. Changes to terms of use are binding. We may change these Terms of Use from time to time
without advance notice. Your use of the Site or any of its content after any changes have been
made will constitute your agreement on a prospective basis to the modified Terms of Use and all
of the changes. Accordingly, you should read these Terms of Use from time to time for any
changes.
2. Copyright and other protection. The Site and the video material, audio material, text, images,
graphics, slide decks, and other content available on the Site (collectively, the “Content”) are
protected by copyright, trademark and other laws. We own the copyright and other rights in the
Site and the Content. You may use the Site and the Content only in the manner and for the
purposes specified in these Terms of Use.
3. Use of the Site and Content—permissions and restrictions. You may only make noncommercial
uses of the Site and the Content. You may access the Videos for your own personal use. You
may not retransmit, publish, distribute, display or otherwise make available any of the Videos or
other Content to others. In no event may you alter or modify the Videos or any other Content,
including, without limitation, by adding any advertisement or other material or by interfering
with the viewing of any Content. You agree to retain all copyright and other notices on any
Content you obtain from the Site. None of the foregoing restrictions will apply to your own
User Content (as defined below).
4. Fair use and other lawful uses. Nothing in Section 3 above is intended to restrict you from
making uses of Videos that, in the absence of permission granted under these Terms of Use,
would not infringe or violate Heller Industries Inc.’s or anyone else’s copyright, trademark, or
other rights.
5. Reserved rights; no violation of law or others’ rights. All rights in the Site and the Content that
are not expressly granted are reserved. You agree to use the Site and the Content only in ways
that comply with all applicable laws, as well as with these Terms of Use, and that do not
infringe or violate anyone’s rights.
6. User accounts; account termination policy. We may allow you to register with the Site and
establish an account. If you register, you agree to provide accurate and complete information
when creating or updating your account. You are solely responsible for the activity that occurs
on your account, and you must keep your account password secure. You agree to notify us
immediately of any unauthorized use of your account or other breach of security. You may not
use another’s account without permission. We may terminate your account if you violate any
provision of these Terms of Use or fail to comply with our requests concerning your account.
7. User submissions and rules of conduct. Account holders may be able to participate in online
discussions and to submit or post comments, profiles and/or other content on the Site
(collectively, “User Content”). You are solely responsible for any User Content you post or
submit to the Site, and for the consequences of posting or submitting it. By posting or
submitting User Content to the Site, you grant us a nonexclusive, worldwide, irrevocable, fully
paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display,
perform, and otherwise make available your User Content in connection with the Site and for
our broader educational purposes, including without limitation for promoting or redistributing
part or all of the Site (and derivative works thereof) in any manner or media, and to authorize
others to do the foregoing. By posting or submitting User Content to the Site, you represent and
warrant that you have the right to grant us the foregoing rights, and that neither your User
Content nor our use of it as permitted under the foregoing license will infringe or violate
anyone’s rights. You agree not to submit or post any content, or engage in any other activity in
connection with the Site, that:
8. Although we will have no obligation to monitor or take action with respect to User Content, we
reserve the right to remove any User Content that we believe violates the above standards or any
other provision of these Terms of Use, and to terminate the applicable user’s account and right
to use the Site, in addition to any other rights or remedies available to us. We do not approve or
endorse any User Content, and you agree that we will have no responsibility or liability in
connection with your use of any User Content.
9. Disclaimer of warranties. THE SITE AND THE CONTENT ARE PROVIDED “AS IS.”. TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR
COLLABORATORS, LICENSORS, CONTENT PROVIDERS AND DISTRIBUTORS
(COLLECTIVELY, OTHER THAN PROVIDERS OF USER CONTENT, OUR
“COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS,
IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR
COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE
CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE
AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER CONTENT OR
CONTENT PROVIDED BY OTHERS. NEITHER WE NOR OUR COLLABORATORS
WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION,
OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER
HARMFUL MATERIALS.
10. Limitations of liability and remedies.. YOUR USE OF THE SITE AND THE
CONTENT IS AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE OR OUR
COLLABORATORS BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY
OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THE
CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF
USE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR
OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER.
PROVISIONS OF THESE TERMS OF USE, WE OR OUR COLLABORATORS ARE
FOUND LIABLE TO YOU (IN CONTRACT, TORT OR OTHERWISE) FOR ANY DAMAGE
OR LOSS ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR
YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, OUR
LIABILITY AND THE LIABILITY OF OUR COLLABORATORS SHALL IN NO EVENT
EXCEED FIFTY DOLLARS ($50) IN AGGREGATE, EVEN IF THE SITE OR CONTENT IS
DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT. THE FOREGOING
LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW.
11. Indemnity. You agree to indemnify and hold harmless Heller Industries Inc. and our
Collaborators, and our and their respective officers, fellows, governing board members,
directors, employees, and agents, from and against all claims, actions, suits, damages, liabilities,
and costs (including, without limitation, reasonable legal fees) arising from or relating to your
use of the Site or any of the Content, your provision of any User Content, and/or your failure to
comply with any provision of these Terms of Use.
12. Links to other sites. Links on the Site to third-party web sites are provided solely as a
convenience to you. We do not approve or endorse the content of linked third-party sites, and
you agree that we will have no responsibility or liability in connection with your use of any
linked third-party sites.
13. Trademarks. Nothing in these Terms of Use or on the Site will be construed as granting
you any right or license to use any trademarks, service marks, or logos displayed on the Site.
You agree not to use or register any name, logo, or insignia of Heller Industries Inc. or any of its
subdivisions for any purpose except with our prior written approval and in accordance with any
restrictions required by us.
14. Copyright complaints. We respect the intellectual property rights of others. If you
believe your copyright has been violated on the Site, please notify us.
15. Applicable law and jurisdiction; access from outside New Jersey. The Site is controlled
and operated from our facilities in and around Florham Park, New Jersey. These Terms of Use,
and any claim or dispute that arises from or relates to your use of the Site or the Content, will be
governed by the laws of New Jersey, without regard to its conflicts of laws principles. You agree
that all such claims and disputes will be heard and resolved exclusively in courts sitting in
Morris or Sussex County, New Jersey. You consent to the personal jurisdiction of such courts
over you for this purpose, and waive and agree not to assert any objection to such proceedings
in such courts (including any defense or objection of lack of proper jurisdiction or venue or
inconvenience of forum). If you choose to access our website from locations other than New
Jersey, you will be responsible for compliance with all local laws of those other locations.
16. Termination; discontinuation of Site or elements. The rights granted to you hereunder
will terminate automatically upon any breach by you of these Terms of Use, unless we
otherwise specifically agree in writing, but the other provisions of these Terms of Use will
survive any such termination. We reserve the right at any time in our sole discretion to cease
providing any Content, to change or discontinue any aspect or element of the Site, or to cease
making the Site available.
17. Eligibility. You affirm that you are either more than 18 years of age, or an emancipated
minor, or possess legal parental or guardian consent, and that you are fully competent to use the
Site and to enter into and comply with these Terms of Use. In any case, you affirm that you are
at least 13 years of age, as the Site is not intended for children who are under 13 years of age.
Use of the Site by anyone under 13 years of age is not authorized.
18. General. If any provision of these Terms of Use is held to be invalid or unenforceable,
that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or
enforceability of the remaining provisions. Your rights under these Terms of Use are personal,
nonexclusive and nontransferable. Headings are for reference purposes only and in no way
define or limit the scope or extent of any provision of these Terms of Use. Our failure to act
with respect to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use,
nothing herein shall be deemed to confer any third-party rights or benefits. We may change
these Terms of Use from time to time without advance notice. Your use of the Site or any of the
Content after any changes have been made will constitute your agreement on a prospective basis
to the modified Terms of Use and all of the changes. These Terms of Use set forth the entire
understanding and agreement between you and us with respect to the subject matter hereof.
See also: /privacy-policy/
