Terms of Use

Hyperion Innovations Inc, a Washington corporation d/b/a ColdHeat (“ColdHeat”) provides its services to you subject to the following conditions. If you visit or shop at coldheat.com, you accept these conditions.  If you do not agree to these terms, do not use this site.

ColdHeat reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use period^T ically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ColdHeat grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

PRIVACY

Please review our Privacy Notice, which also governs your visit to coldheat.com to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit coldheat.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Hyperion Innovations Inc. and is protected by United States and international copyright laws. All software used on this site is the property of Hyperion Innovations Inc. or its software suppliers and protected by United States and international copyright laws. Additionally, any submissions of product ideas are the sole property of Hyperion Innovations Inc.

TRADEMARKS

ColdHeat, Powered by ColdHeat, Athalite, Split-Tip, and other marks indicated on our site are trademarks of Hyperion Innovations Inc. in the United States and other countries. All related graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of ColdHeat. ColdHeat's trademarks and trade dress may not be used in connection with any product or service that is not ColdHeat's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ColdHeat. All other trademarks not owned by ColdHeat that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ColdHeat or its partners.

LICENSE AND SITE ACCESS

ColdHeat grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ColdHeat. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ColdHeat. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ColdHeat’ without express written consent. You may not use any meta tags or any other "hidden text" utilizing ColdHeat name or trademarks without the express written consent of ColdHeat. Any unauthorized use terminates the permission or license granted by ColdHeat. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of ColdHeat so long as the link does not portray ColdHeat, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ColdHeat logo or other proprietary graphic or trademark as part of the link without express written permission.

ColdHeat's Unsolicited Idea Submission Policy

ColdHeat, its joint ventures, affiliates or any of its or their employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when ColdHeat's, its joint venture’s, or affiliate’s products or marketing strategies might seem similar to ideas submitted to ColdHeat. So, please do not send your unsolicited ideas to ColdHeat or anyone at Cold  Heat. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission.

TERMS OF IDEA SUBMISSION

You agree that: (1) your ideas will automatically become the property of ColdHeat, without compensation to you, and (2) ColdHeat can use the ideas for any purpose and in any way, even give them to others.

PRODUCT FEEDBACK

ColdHeat does, however, welcome your feedback regarding many areas of ColdHeat's existing business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us using contact methods found here on our web site. Please provide only specific feedback on ColdHeat's, it’s joint venture’s or affiliate’s existing products or marketing strategies; do not include any ideas that ColdHeat's policy will not permit it to accept or consider. It's just one more way that ColdHeat can learn how to best satisfy your needs.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. ColdHeat, its joint ventures and affiliates shall be free to use such information on an unrestricted basis.

FORUM POLICY

Visitors may post reviews, comments, and other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. ColdHeat reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, ideas, information or other communication to this site or to us at our email address (“Communications”), and unless we indicate otherwise, you agree that all such Communications shall be considered non-confidential and non-proprietary.   ColdHeat will have no obligations with respect to the Communications.  ColdHeat and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.  As a  result, you grant ColdHeat a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and/or display such content throughout the world in any media. You also grant ColdHeat and its joint ventures, affiliates, and sublicensees the right to use the name that you submit in connection with such content, if they choose. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.  You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ColdHeat or its joint ventures, affiliates, and sublicensees for all claims resulting from content you supply. ColdHeat has the right but not the obligation to monitor and edit or remove any activity or content. ColdHeat takes no responsibility and assumes no liability for any content posted by you or any third party.

PRODUCT DESCRIPTIONS

ColdHeat attempts to be as accurate as possible. However, ColdHeat does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by ColdHeat itself is not as described, your sole remedy is to return it in unused condition.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY ColdHeat ON AN "AS IS" AND "AS AVAILABLE" BASIS. ColdHeat MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ColdHeat DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ColdHeat DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ColdHeat ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ColdHeat WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL 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 MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting ColdHeat, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ColdHeat or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to ColdHeat or to products you purchase through ColdHeat shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate ColdHeat's intellectual property rights, ColdHeat may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

OUR ADDRESS

Hyperion Innovations Inc. d/b/a ColdHeat
11120 NE 2nd St, Suite 100
Bellevue, WA 98004
www.coldheat.com

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Last updated: December, 2006