Terms and Conditions
HEIMAT TERMS AND CONDITIONS OF USE OWNERSHIP
HEIMAT reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
Your continued use of the Digital Properties constitutes your acceptance of such changes and agreement to be bound by the modified Terms. If you become aware of misuse of this Site by any person, please contact the Site Administrator with your concerns.
ACCESS AND USE
Your use of the Digital Properties and their contents including, without limit, any text, data, logos, graphics, photographs, images, animations, software, apps, forms, videos, music, and other audio/visual materials or stills from audio/visual material that you access (the “Content”) is subject to this Agreement. All Content contained in this Site are protected by U.S. and international trademark and copyright laws and must only be used for personal, non-commercial purposes. This means that you may only view or download Content from this Site for your own use and you must keep all copyright and other proprietary notices attached to the downloaded Content.
You may not use any deep-link, page-scrape, spider, robot, crawl, index, Internet agent, or other automatic device, program, algorithm or technology which does the same things, to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches, or monitor any portion of the HEIMAT website.
The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying or transmission of Content from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of HEIMAT or unless it is expressly permitted by this Site. The use of Content from this Site on any other web site or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute Content found on this Site can be made by contacting HEIMAT in writing at HEIMAT Marketing at 5420 Lyndon B. Johnson Freeway, Suite 700, Dallas, TX 75240.
You are also strictly prohibited from creating works or materials that derive from or are based on the Content or other materials contained in this Site including, without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You agree that you will comply with all applicable laws, rules and regulations, and that you will not: use the Digital Properties for any unlawful purpose; impersonate any person or entity, whether actual or fictitious, including any employee or representative of our company; submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication; submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, or contains any personal contact information or other personal information identifying any third party; submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, disability, or any other protected basis; or harvest or collect information about Digital Properties users.
You agree that any message whatsoever submitted by you becomes the property of HEIMAT and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as HEIMAT sees fit.
You may browse the Site without registering for an account. You will be required to register for an account to use certain features of the Digital Properties. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. Notwithstanding anything to the contrary in this Agreement, we reserve the right to deny the creation of, suspend access to or terminate any account(s), or to remove or modify Content, features, functionalities and/or services available to account holders, at any time in its sole discretion and without prior notice or liability to you.
If unsolicited submissions are sent to HEIMAT via this Site, these submissions become the property of HEIMAT and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as HEIMAT sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against HEIMAT, its parents or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.
HEIMAT may, from time to time, post HEIMAT employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to HEIMAT in response to employment listings, you are authorizing HEIMAT to utilize this information for all lawful and legitimate hiring and employment purposes. HEIMAT also reserves the right, at its sole discretion, to forward the information you submit to its parents, subsidiaries and affiliates for legitimate business purposes. Nothing in these Terms and Conditions or contained in the Site shall constitute a promise by HEIMAT to interview, hire or employ any individual who submits information to it, nor shall anything in these Terms and Conditions or contained in the Site constitute a promise that HEIMAT will review any or all of the information submitted to it by users.
LINKED SITES AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must contact HEIMAT Marketing at 5420 Lyndon B. Johnson Freeway, Suite 700, Dallas, TX 75240 before doing so. In establishing hypertext links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or HEIMAT, including its respective employees, agents, directors, officers and shareholders.
HEIMAT does not endorse and takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. HEIMAT reserves the right, at any time, for any reason not prohibited by law, to deny permission to anyone linking a website to heimat.com.
HEIMAT reserves the right to immediately terminate your use of, or access to, this Site at any time if HEIMAT decides at its sole discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that HEIMAT considers to be inappropriate or unacceptable.
If you believe that any material contained in this Site infringes your copyright, you should notify HEIMAT of your copyright infringement claim in accordance with the following procedure. HEIMAT will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this the Director of Legal Affairs, HEIMAT, 5420 Lyndon B. Johnson Freeway, Suite 700, Dallas, TX 75240, or email email@example.com.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Communications sent with subject “DMCA” to the Director of Legal Affairs or to firstname.lastname@example.org for purposes other than communication about copyright claims may not be acknowledged or responded to.
If your content has been removed from the Site in response to HEIMAT’s receipt of a DMCA Notification as outlined above, and you believe the removal was inappropriate, you may submit a DMCA Counter-Notification by contacting HEIMAT at:
Attn: Director of Legal Affairs
5420 Lyndon B. Johnson Freeway
Dallas, TX 75240
Please include the following information:
-Your name, address, telephone number and email address;
-A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district for which jurisdiction for HEIMAT would be appropriate, and that you will accept service of process from the person who submitted the DMCA notification or an agent of such person;
– A description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
– A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
-Your written or electronic signature attesting to the above.
DISCLAIMER OF LIABILITY AND WARRANTIES
While HEIMAT does its best to ensure the optimal performance of the Site, you agree that you use this Site and rely on material contained in this Site at your own risk. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, AND ALL MATERIALS IN THIS SITE, ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THIS MEANS, WITHOUT LIMITATION, THAT HEIMAT DOES NOT WARRANT THAT THE SITE IS FIT FOR ANY PARTICULAR PURPOSE; THAT THE FUNCTIONS CONTAINED IN THE MATERIALS IN THE SITE WILL BE UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE SITE IS FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS OR THAT THE SITE IS ACCURATE, ERROR FREE OR RELIABLE. YOU ACKNOWLEDGE THAT HEIMAT, ITS PARENTS AND AFFILIATES TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, IS NOT LIABLE FOR ANY DELAYS, INACCURACIES, FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, VIRUSES, COMMUNICATION LINE FAILURES OR FOR THE THEFT, DESTRUCTION, DAMAGE OR UNAUTHORIZED ACCESS TO YOUR COMPUTER SYSTEM OR NETWORK.
You acknowledge that HEIMAT is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including such conduct or material transmitted by any means by any other person.
WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL HEIMAT, ITS PARENTS, SUBSIDIARIES OR OTHER AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “HEIMAT PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION FOR LOSS OF USE, LOST DATA, LOST BUSINESS OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL PROPERTIES, OR THIS AGREEMENT. IN ADDITION, IF AND TO THE EXTENT HEIMAT IS LIABLE FOR ANY DIRECT DAMAGES FOR ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE DIGITAL PROPERTIES, OR THIS AGREEMENT, THEN, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF HEIMAT FOR SUCH DIRECT DAMAGES WILL BE LIMITED TO FIFTY DOLLARS ($50.00 USD). IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO THIS SITE BEYOND ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH SUCH CLAIM OR ACTION IS BASED.
You agree to defend, indemnify and hold the HEIMAT Parties harmless from and against any claims, liabilities, losses, damages, costs and expenses (including without limitation reasonable attorneys’ fees), arising out of or in connection with: (1) your access to and/or use of the Digital Properties or any portion thereof; (2) your failure to comply with these Terms or with any applicable law, rule or regulation; (3) your infringement, misappropriation or violation of the Digital Properties or Content or of any third party’s intellectual property right; or (4) any activity occurring by or through your account, whether taken by you or another person accessing or using your account, with or without authorization. We will use reasonable efforts to notify you of any claim, action or proceeding subject to the foregoing paragraph once it becomes aware of it, but any failure to provide you with notice shall not limit your indemnification obligations unless you can establish actual prejudice resulted from such failure. We reserve the right, at your expense, to assume the exclusive defense and control of any claim, action or proceeding for which you are required to provide indemnification, and you agree to cooperate with our defense of these claims. You may not settle any claims, actions or proceedings for which you are required to provide indemnification, without our prior written consent.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
SWEEPSTAKES AND/OR CONTESTS
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any principles of conflicts of law.
Except as explicitly stated otherwise, any notices shall be given by postal mail to HEIMAT Attn: Legal Department 5420 Lyndon B. Johnson Freeway, Suite 700, Dallas, TX 75240, (in the case of HEIMAT) or to the email address you provide to HEIMAT during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to HEIMAT during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and HEIMAT, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and HEIMAT agree that any claim or controversy at law or equity that arises out of this Agreement or our services (“Claims”) shall be resolved in accordance with the provisions below or as otherwise mutually agreed upon in writing by the parties. Before resorting to formal proceedings, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
All disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Site, must be submitted to binding arbitration and decided on an individual basis, without the right for any claims to be pursued or decided as a class, consolidated, collective or representative action. The arbitration shall be conducted in Dallas County, Texas, on a confidential basis pursuant to the Federal Arbitration Act. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. An award of arbitration may be confirmed in a court of competent jurisdiction.
Class Action Waiver
By using the Site, you agree that the arbitration of any Dispute shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving HEIMAT or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against HEIMAT. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action).
You agree that this Agreement and all incorporated agreements may be automatically assigned by HEIMAT in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. 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. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The services hereunder are offered by HEIMAT, located at 5420 Lyndon B. Johnson Freeway, Suite 700, Dallas, TX 75240. The Site Administrator can be reached as follows:
Attn: Site Administrator
5420 Lyndon B. Johnson Freeway
Dallas, TX 75240
COPYRIGHTS (C) / TRADEMARKS (™)
(C) 2022 HEIMAT. All trademarks are owned by HEIMAT or are used under license. All rights reserved. All materials contained in HEIMAT’s web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private, non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited.
Certain activities provided via the website may be covered by U.S. Patent 5,930,474