Terms and Conditions
Unless the context indicates otherwise, as used in these Terms, (i) “Fast Heat by Spark” “Spark Industries “we,” and “our” refer to Spark Industries LLC and (ii) “Content” refers to any or all text, documents, photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade names, service marks, copyrighted materials, audio and video presentations and other information provided by us on or through this Website, including user interfaces and the selection, coordination and arrangement of such information.
Changes to this Website or These Terms
We may change or discontinue this Website at any time without prior notice or obligation to you. We may also change these Terms at any time without prior notice or obligation and your continued use of the Website after such changes have been posted will constitute your acceptance of the changes.
The Website is owned and operated by Spark Industries LLC in conjunction with others pursuant to contractual arrangements, and the Content (and any intellectual property and other rights relating thereto) is and will remain the property of Spark Industries LLC and its licensors and suppliers. The Content and the selection, compilation, collection, arrangement and assembly thereof is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable.
The trademarks, trade names, service marks, product packaging, designs and corporate logos and emblems displayed on this Website belong exclusively to Spark Industries LLC, our third party licensors or others, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under United States and international trademark laws. Nothing on this Website confers on you any license or right under any copyright, trademark or service mark of Spark Industries LLC or any third party, by implication, estoppel or otherwise. Unauthorized use of this intellectual property is expressly prohibited and may be a violation of law.
Permitted and Prohibited Uses
You may view and make one electronic or paper copy of the information posted on any screens of this Website, provided that you use the copy solely for your personal, informational and non-commercial purposes and that you (i) keep all copyright and other proprietary notices intact, (ii) do not modify the Content or use it in a manner that suggests an association with any of our products, services or brands and (iii) do not download quantities of the Content to a database that can be used to avoid future downloads from this Website. While using the Website and the Content, you agree to comply with all applicable laws, rules and regulations.
You may not:
- Reproduce, copy, upload, post, transmit, display or otherwise redistribute any materials or design elements of this Website for commercial purposes without our prior written consent;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Website or otherwise attempt to determine the source code or trade secrets of the Website;
- Violate or attempt to violate the security of the Website;
- Restrict or inhibit any other visitor or member from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
- Use the Website or Content for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Remove any copyright, trademark or other proprietary rights notices contained in the Website or Content;
- “Frame” or “mirror” any part of the Website without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents;
- Harvest or collect information about Website visitors or members without their express consent; or
- Otherwise disrupt or interfere with the operation of the Website.
Forums and Public Communication
This Website may enable users to submit their own content to a chat area, message board or e-mail function (“forum”). Any forum on the Website is a free service to enable you to share comments about products and services available on our Website. If you participate in a forum within the Website, any information you disclose in such a submission may be publicly available and you should exercise caution in deciding whether to disclose any personal, financial or other sensitive information there. By uploading or submitting any materials to a forum, you automatically grant (or warrant that the owner of such materials expressly grants) us and our designees a non-exclusive, royalty-free, worldwide, sublicenseable (through multiple tiers), assignable, perpetual, irrevocable right and license to use, reproduce, publicly display, publicly perform, digitally perform, distribute, create derivative works based on, make, have made, sell, offer for sale and import such materials or incorporate such materials into any form now know or later developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. Fast Heat, Inc. cannot prevent others persons who access this Website from using submissions and personal information they find here, even if their use of that information violates the law, or your personal privacy or safety. None of the submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any submissions.
When participating in a forum, you should not assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a forum may not be reliable and it is not a good idea to trade or make any investment decision based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information and shall not be responsible for any trading or investment decisions made based on such information.
Spark Industries LLC is proud to provide a forum for you to air your opinions on the topics and items we feature. While we appreciate your time and comments, you are prohibited from posting or transmitting the following in your posts: (i) profanity, pornography, obscenities, hateful, threatening or harassing comments or images; (ii) discussion of illegal activities or intent; (iii) solicitations for commercial activities or other statements that do not generally relate to the designated topic of the forum; (iv) personally identifiable information such as phone numbers, addresses or URLs; (v) any information that violates any right of a third party or any law; (vi) any software or other materials that contain a virus or other harmful component, and (vii) Fast Heat, Inc. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
We have no obligation to monitor the Website or the forums, or any submissions or other materials that you or other third parties transmit or post on the Website or the forums. You acknowledge and agree that we have the right (but not the obligation) to monitor the Website and the forums and the materials you transmit or post; to alter or remove any such materials (including, without limitation, any posting to a forum); to disclose such materials, the circumstances surrounding their transmission, and the identity of the poster to any third party in order to operate the Website properly; to protect ourselves, our sponsors and our members and visitors; and to comply with legal obligations or governmental requests.
A testimonial board post is not an effective way to tell us you need help with an order or site feature. If you’d like to tell us about a specific problem, please e-mail us. Fast Heat, Inc. disclaims liability for any failure on its part to provide help with a specific problem disclosed on this Website.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (INCLUDING SUITABILITY OF THE SITE FOR YOUR NEEDS OR REQUIREMENTS OR THOSE OF ANY OTHER PERSON), (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF THE CONTENT, (IV) WARRANTIES RELATING TO THE OPERATION OF THE WEBSITE (INCLUDING DELAYS, INTERRUPTIONS, ERRORS, VIRUSES, DEFECTS OR OMISSIONS) (V) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE OR OTHER ACTS OR OMISSIONS BY US OR ANY THIRD PARTY, AND (VI) WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. FAST HEAT, INC. AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, THE SERVER(S) ON WHICH THE WEBSITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE WEBSITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF FAST HEAT, INC. OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
Links from This Website
We have provided hyperlinks from this Website and descriptions of or references to selected third party Websites, products and services as a convenience to you. We are not responsible for and make no representations about the contents or use of such hyperlinked third party websites or any further links contained there to other websites. If you use a website that is hyperlinked to this Website, you do so at your own risk; we are not responsible for assuring that hyperlinked websites are free from computer viruses, worms, Trojan horses or other destructive devices. We may discontinue our hyperlinks to any third party website at any time without notice or obligation to you.
Links to This Website
If you wish to provide a hyperlink from your website to this Website, you may do so only under the following conditions: (i) any link to our Website must be a text-only link and clearly marked “Fast Heat by Spark Website”; (ii) the link must “point” to the URL www.fastheatbyspark.com and not to other pages within our Website; (iii) when selected by a user, the link must display our Website on full-screen and not within a “frame” on the linking website; (iv) the appearance, position and other attributes of the link may not imply that you or any related organizations or entities are endorsed or sponsored by, affiliated with, or associated with us; (v) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with our names and trademarks; (vi) the linked website may not contain content that could be construed as distasteful, offensive or controversial or that is not appropriate for all age, racial, religious and other groups protected by law; and (vii) we reserve the right to revoke our consent to the link at any time in our sole discretion and you will remove the link immediately upon our request. By linking your website to ours, you are agreeing to be bound by these terms.
Limitation of Liability
NEITHER SPARK INDUSTRIES LLC NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND/OR CONTENT CONTAINED ON THE WEBSITE OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, CONTENT, OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE, CONTENT OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO FAST HEAT, INC. FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE. 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.
These Terms will be governed by and construed in accordance with the laws of the State of Indiana and the United States of America, without reference to any choice of law rules under Indiana law. You agree that any action at law or in equity arising out of or relating to these Terms or relating your use of this Website will be filed only in the state or federal courts located in Elkhart County, IN and you agree to submit to the personal jurisdiction of such courts for the purposes of litigating any such action, and to waive any jurisdictional, venue or inconvenient forum objections to such courts.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including suspension or blocking of your access to this Website. Our failure to enforce any provision of these Terms will not constitute a waiver of such provision or of our legal or equitable rights. You agree to defend and indemnify us and our directors and employees from and against any and all damages, claims, liabilities and costs arising directly or indirectly from (i) your violation of these Terms or your use of this Website; (ii) any allegation that any materials you submit to us or transmit to the Website infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Website.
The Website is solely directed to individuals residing in the United States. We make no representation that Content available on or through the Website is appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. We reserve the right to limit the availability of the Website and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.