Membership Terms and Conditions - Handle the Heat

Terms and Conditions

Last Update: September 12, 2022

The website handletheheat.com (the “Website”) is owned and operated by Handle the Heat, LLC, an Arizona limited liability company (“HTH”, “Company”, “we”, “us”, or “our”). Please read all Terms & Conditions (the “Terms”) before using the Website. By visiting and using this Website, you (hereinafter “visitor”, “you”, or “your”) are consenting that you have read these Terms & Conditions, and agree to be bound by them.

Use of this Website constitutes your acceptance of the terms below, which includes our Privacy Policy.

Website Use

To access or use the Website, you must be 18 years of age or older. Use of the Website by anyone under 18 is not authorized.

These Terms may be subject to changes or updates, and the Website may not provide notice of such changes or updates. We reserve our right to make changes or updates at any time, and you should routinely check these Terms for updates. By continuing to use the Website and the content we produce, you agree to be bound by the most updated version of the Terms, whether or not you have read it. If you are not in agreement with the Terms as is, please do not use our Website or any of the content that appears thereon.

Definitions

The following words and expressions shall have the following meanings unless the context otherwise requires:

  • “Company” or “we” refers to Handle the Heat, LLC, an Arizona Limited Liability Company;
  • “Customer” or “you” means the entity or individual which has accepted these Terms by submitting an order for a Subscription to the Company;
  • “Magazines” means the Company’s printed magazines and digital magazine.
  • “Order Acceptance” means confirmation by the Company in writing (by email) that your order has been accepted;
  • “Promo Code” refers to special offers that provide discounted initial subscriptions;
  • “Website” means http://www.handletheheat.com;
  • “Subscriber” means a Customer with a Subscription in good standing;
  • “Subscriptions” mean those subscriptions to the Magazines and other associated Subscriber-only content ordered by the Customer to be supplied by the Company pursuant to these Terms;
  • “Terms” means these Terms & Conditions and the terms of the Company’s Privacy Policy posted to the Website.

 

In these Terms:

  • words in the singular include the plural meaning and words in the plural include the singular meaning; use of any gender includes the other genders;
  • headings are for reference only and do not affect the meaning or interpretation of these Terms;
  • references to any act, regulation, code of practice or statutory order shall be interpreted so as to include any change, re-enactment or extension of the act, regulation, code of practice or statutory order; and
  • any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, foundations and trusts (in each case whether or not having separate legal personality).

 

Subscriptions

These Terms shall apply to the sale by the Company of all Subscriptions purchased by the Customer via the Website and these Terms shall govern each Contract (defined below). All prices are quoted in U.S. dollars. These Terms override any contrary terms or conditions published by us in relation to any order placed by you with the Company.

When you complete the order form on the subscription page of this Website and click “Join Handle the Heat”, you are making an offer to take out a Subscription which, if accepted by the Company in accordance with these terms, will result in a binding contract between you and the Company (a “Contract”).

Acceptance of the order and completion of the Contract shall take place on the date of the Company’s Order Acceptance. We reserve the right not to fulfill and to cancel orders if we are unable to obtain payment authorization from the issuer of your payment card.

You must be at least 18 years of age to purchase subscriptions or other offered products.

We use the personal and transactional information (e.g. name, address, e-mail address, credit/debit card details) you supply to us in order to fulfil your subscription order and to provide you with information consistent with our Privacy Policy. See our Privacy Policy at https://handletheheat.com/privacy-policy/.

Voluntary Participation

By choosing to visit this Website, purchase paid Subscription products, subscribe to free content, and read the information provided, you understand and agree that you are voluntarily choosing to read, implement and/or participate in the use of Website and any information contained herein, and are solely responsible for any outcomes or results (positive or negative.) We cannot be responsible for any action you may choose to take regarding the information provided, and you acknowledge and agree that we are not responsible nor liable to you should you sustain any injuries or negative ramifications. As such, you agree that you are fully responsible for any decisions you make to implement or follow anything you find on Website.

Use of Free Materials or Content

The Website contains a vast library of free content. In addition, from time to time, you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this material is licensed to you for your personal, non-commercial use only, and is not to be sold, publicly displayed, or distributed for sale or use by third parties. Modification to these free materials are made at your own risk.

Online Purchases

You understand that should you elect to make a payment through our Website, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.

When placing an order through the Website, your credit/debit card will be debited with the cost of the product when the Company sends you an Order Acceptance unless the Company notifies you otherwise.

The price you pay is the price displayed on the Website at the time when the order is received by the Company.

In the event that the Company discovers an error in the price of the Subscription or other product ordered by the Customer, the Company shall notify the Customer as soon as possible providing the Customer the option of either re-confirming the order at the correct price or cancelling the order. If the Company is unable to contact the Customer for the purposes of this paragraph, the order shall be deemed cancelled and where the Customer has already made payment for the Subscriptions this shall be refunded in full.

Payment can be made online using the payment method indicated at the time of checkout.

Your purchase of a physical product may include an added cost for shipping. That cost is calculated at the time of checkout based on your shipping address.

You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.

You also acknowledge and agree that we have no responsibility or liability for policies of third-party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions.

Terms of Sale

Orders. All orders are subject to this Agreement. We may decline any order for any reason. Our acceptance of any order is limited to the terms of this Agreement and any additional terms on the check out or purchase page. You consent to the transfer of your email when such transfer is required to complete a transaction. User of personal information is handled in accordance with our Privacy Policy, https://handletheheat.com/privacy-policy/. You may only place orders via authorized HTH ordering method. We have no obligation to confirm the validity of any order placed or the authority of the person placing an order through our Website. You bear all risk of unauthorized purchases by third parties or unauthorized persons using the payment method, password, or other credentials used to identify you. You may not change, cancel, or reschedule any orders without our written consent. Any materially different terms from those described in these Terms will be disclosed at the time of purchase or in other communications provided by us. Customers can find specific details regarding a subscription by logging into their Account. Handle the Heat reserves the right to change or terminate any offered subscriptions or promotions at any time.

Taxes. You are responsible for all applicable fees and all federal, state, municipal, and other government taxes on the sale and delivery of Products.

AUTOMATICALLY RENEWING SUBSCRIPTIONS. Subscriptions, which may start with a promotional rate, will auto-renew at the end of the cycle stated at the time of your order (“Billing Period”) unless and until you cancel the Subscription or we terminate it. For promotional periods of less than one month, you will not receive a notice from us that the promotional period is ending. You can pay for an automatically renewing subscription in U.S. dollars with a major credit card (“Payment Method”). If you have created an Account, you may edit a Payment Method by logging in to your Account. By ordering a subscription, you authorize HTH to charge you the subscription fee then in effect at the beginning of each Billing Period, plus applicable taxes, to your Payment Method. Handle the Heat will charge the subscription fee at the start of your subscription or, if applicable, at the end of your free trial period, and will automatically charge the rate then in effect on the first calendar day of each Billing Period thereafter unless and until your Subscription is cancelled. You acknowledge that the amount charged each Billing Period may vary for reasons that may include the expiration of promotional rates, price changes, changes to your subscription, or changes in applicable taxes, and you authorize Handle the Heat to charge your Payment Method for such varying amount each Billing Period. For monthly and annual subscriptions, we will notify you of the next Billing Period charge, including all applicable taxes and fees, approximately three (3) days prior to the credit charge. You will have up to one business day to cancel or the Payment Method will be charged. We reserve the right to change the timing of billing, in particular, in the event your Payment Method has not successfully settled. If your Payment Method is declined for a recurring payment of your subscription fee by the time the subscription renews, you have three (3) days to provide us a new Payment Method or make payment or your Subscription will be canceled.

One-Time Purchases. When you purchase a stand-alone product, such as a gift subscription, we will charge your Payment Method at the time of purchase.

 

Templates, Product Licenses, and Courses

By purchasing a template, any digitally-delivered product, or any course (the “Purchased Content”) from the Company, you are granted a revocable, worldwide, non-exclusive license to the Purchased Content. If you violate this license by giving, selling, or reproducing any of the Purchased Content, or if you imply that any third-party who gains access to our Purchased Content has the right to use it for their own personal or commercial purposes, we reserve the right to seek any and all remedies that are available for such unauthorized use.

Acquiring any of our Purchased Content does not give you the right to use them for any purpose other than that which is intended. Our templates and product licenses are for your personal use and may not be shared.

Refund Policy

Due to the nature of the information being provided, there are absolutely no refunds unless stated otherwise. You have up to 90 days to contact [email protected] to lodge a complaint, report a lost or delayed package, or report a billing error.

Account Information

All registered users (“Users”) of any of the Website must be at least 18 years of age, and shall create their own password and unique username (“Account”). Each User is entirely responsible for any and all activities which occur under their Account whether authorized or unauthorized. User agrees to notify HTH of any unauthorized use of User’s Account or any other breach of security known or which should be known to the User. User’s right to use the Website is personal to the User. User agrees not to resell or make any commercial use of the Website without Company’s express written consent.

Purchased Content and some content made available through a Subscription may be downloaded onto your own device and you may use such Personal Content for your own personal, non-commercial use. Courses, digital Magazines, and some content made available through a Subscription may be viewed on multiple devices; however, courses are for personal, non-commercial use and sharing login credentials with others is strictly prohibited. Other than as expressly set forth herein, or in any supplement specifically provided at the time of acquiring any Purchased Content, you have no other rights in or to the Purchased Content, and you will not use the Purchased Content except as permitted under this Agreement. No other use is permitted without the prior written consent of Handle the Heat. We, or the individual from which we license the materials, retain all right, title, and interest, including all intellectual property rights, in and to the Purchased Content. You must retain all copyright and other proprietary notices contained in the original Purchases Content. You may not sell, transfer, assign, license, sublicense, or modify the Purchased Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Purchased Content in any way for any public or commercial purpose, except as specifically authorized by the license granted to you for the specific type of Purchased Content. The use or posting of the Purchased Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.

Accuracy

Although we have spent considerable time and effort in creating the products and courses offered on our Website, the content provided on our Website and in our newsletters, as well as Subscriptions and their content, you understand and acknowledge that we are not responsible nor liable for any errors, omissions, or liability as a result of any loss or damages incurred as a direct or indirect result of your use of Website or our products or courses. You also understand there may be inadvertent typographical errors or inaccuracies. By your use of this Website or purchase of any products, courses, or Subscriptions you acknowledge and understand this information, and agree you have chosen and will choose to utilize our Website and/or our products voluntarily. You agree that we are not responsible for the accuracy of our Website, our Subscriptions, for any errors or omissions that may occur on the Website, Subscriptions, or in our products.

Similarly, you understand your obligation to provide only authentic, accurate information to us, including your name, email address, and payment information, should you choose to purchase a product, course, or Subscription on the Website. You understand and agree that should any information provided prove inaccurate, and any issues or damages arise from your giving us false or inaccurate information, you may be liable for any subsequent damages that occur as a result.

Testimonials

Our Website may feature testimonials from clients to provide readers with additional comments from others’ experiences with our Website, Subscriptions, products, courses, and services. While all information, photos, and quotes used are from actual users or customers, sharing their real, honest opinions of our Website, Subscriptions, products, courses, and services, these testimonials are not to be considered as a guarantee that you will experience the same results, or a guarantee that you will have the same experience. You understand and agree that by reading a featured testimonial on our Website, you do not expect the same results, and understand this information is not a guarantee.

Affiliates and Endorsements

From time to time, we may choose to partner with, promote, become an affiliate of, or otherwise engage in a joint venture with another individual or company. You understand that should an affiliate or joint venture program be featured on our Website, we may receive financial compensation or other payment as a result. We will only feature or promote businesses, services, or products that we believe will help our audience. However, you understand and agree that you must use your own judgment with respect to determining whether any promotion of another product or service is right for you and your business. Our decision to promote, suggest, or reference another service indicates nothing more than an acknowledgement that we respect or appreciate the business, person, or service. Your decision to use or purchase from such a promotion is yours alone, and you understand we have no involvement in your decision, nor shall we have any liability should you purchase from a promoted product and become unsatisfied. You agree and understand we have no liability and you will hold us harmless should this occur.

Similarly, references to other information, events, services, products, opinions, or companies on our Website, social media accounts, or emails is meant as a way to share information, not as an endorsement or suggestion to purchase or use the product or service which is being mentioned. We are not responsible for any information, content, emails, products, programs, or services of any other person, business, or entity that may be referenced on our Website.

Third-Party Sites

Our Website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Handle the Heat is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and Handle the Heat is not responsible for your use of said third-party sites. Handle the Heat encourages you to review said privacy policies of third-party sites.

Your Responsibilities

You acknowledge that you are responsible for whatever material you submit or is submitted through your Account, including its legality, reliability, appropriateness, originality, or copyright. If we make available a discussion group or bulletin board on this Website, you warrant that your use of such features is for lawful purposes only, as outlined below.

By placing or downloading material on the Website, including intellectual property, documents, text, images, audio files or other audio-visual content to the Website (“User Content”), you represent and warrant: (a) You own or otherwise have all necessary rights to the User Content you provide and the rights to provide it under this Agreement; and (b) the User Content will not cause injury to any person or entity.

Without limitation, you may not submit to or transmit through this Website any material, or otherwise engage in any conduct that:

  1. violates or infringes the rights of Handle the Heat or others including, without limitation, patent, trademark, trade secret, copyright, publicity, privacy, proprietary and/or intellectual property rights;
  2. is inaccurate, unlawful, discriminatory, threatening, abusive, harmful, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, pornographic, obscene, offensive, or otherwise objectionable to Handle the Heat or other uses of the Website;
  3. victimizes, harasses, degrades, intimidates, discriminates against, or retaliates against an individual or group of individuals on the basis of religion, sex, race, national origin, age, physical or mental disability, sexual orientation, or other characteristics protected by applicable state or federal law;
  4. collects, stores, and/or discloses personal data about other others unless specifically authorized by such others;
  5. impersonates any person, business or entity, including Handle the Heat, and Handle the Heat’s employees and agents;
  6. misrepresents your affiliation with a person or entity;
  7. contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
  8. attempts to gain unauthorized access to any services, user accounts, computer systems or networks, through hacking, password mining, or any other means;
  9. transmits spam, bulk or unsolicited communications or posts third-party advertisements;
  10. that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations or other government requirements or rules having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm, or that otherwise could constitute a criminal offense or give rise to civil liability;
  11. violates these Terms, guidelines, or any policy we post on the Website; or
  12. disrupts the normal flow of dialogue or negatively affects or interferes with other users’ ability to use the Website.

You acknowledge that we have the right (but not the obligation), in Handle the Heat’s sole discretion, to view, move, remove, block, edit, or refuse any Content, including User Content, for any reason, including, without limitation, that such User Content violates these Terms or is otherwise objectionable.

Rights in your Content; Unsolicited Information and Ideas

For content that is covered by intellectual property rights, like photos, videos, and audio (“IP content”), you specifically grant Handle the Heat a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with the Website (“IP License”) subject to any other written agreements signed by Handle the Heat. This IP License ends when you delete your IP content or your Account unless your content has been shared with others and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

Any communications you send to Handle the Heat through the Website, by e-mail, or any other means are not confidential and Handle the Heat is under no obligation to refrain from reproducing, publishing (except for Personal Information, as defined in Handle the Heat’s Privacy Policy https://handletheheat.com/privacy-policy), or otherwise using them in any way or for any purpose. Handle the Heat shall be free, but is under no obligation, to use the content of any such communications, including any ideas, inventions, concepts, or techniques for any purpose, including development, manufacture, market, and sale.

Copyright and Trademark Information

All content posted to the Website or through any content or Subscription provided by or at the direction of Handle the Heat, including names, images, logos and pictures identifying services of Handle the Heat or any of its website designs, text, graphics, interfaces, and the selection and arrangements thereof, is licensed by or is the property of Handle the Heat protected by intellectual property rights. Except for personal non-commercial use of materials on the Website, or accessed through Subscriptions, products, or courses, any use, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Handle the Heat, is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy any part or all of the Website or the content contained therein without prior written permission of an authorized officer of Handle the Heat.

Handle the Heat and the Handle the Heat logos and other trademarks are proprietary marks of Handle the Heat and may not be used in connection with any product or service that is not provided by Handle the Heat, in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits us. Nothing contained herein shall be construed as conferring any license or right under any Handle the Heat patent, copyright or trademark.

All other trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those third parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Handle the Heat or the Website.

DISCLAIMER OF WARRANTIES.

EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HANDLE THE HEAT AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS DISCLAIM ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE EXCLUSIVE REMEDIES UNDER THE APPLICABLE WARRANTY ARE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS.

HANDLE THE HEAT IS NOT LIABLE FOR ANY DAMAGES YOU SUFFER FROM USE OF THE WEBSITE OR ANY OF THE SUBSCRIPTONS, PRODUCTS, OR COURSES PURCHASED FROM HANDLE THE HEAT. THE MATERIALS AND PRODUCTS ARE PROVIDED “AS IS.” HANDLE THE HEAT MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO, AND SPECIFICALLY DISCLAIMS LIABILITY FOR, THE AVAILABILITY, USEFULNESS, QUALITY, SUITABILITY, TRUTH, ACCURACY, RELIABILITY OR COMPLETENESS OF THE SITE OR ITS CONTENT.

HANDLE THE HEAT MAKES NO WARRANTY OR REPRESENTATION THAT: (a) ACCESS TO THE WEBSITE, SUBSCRIPTIONS, PRODUCTS, OR COURSES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE QUALITY OF ANY PRODUCTS, SUBSCRIPTIONS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL OR PRODUCTS PURCHASED OR OBTAINED FROM THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS EXCEPT AS EXPLICITLY SET FORTH IN THESE TERMS; or (c) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USING, ACCESSING, OR OBTAINING ANY CONTENT FROM THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.

SUBJECT TO HANDLE THE HEAT’S PRIVACY STATEMENT, HANDLE THE HEAT MAKES NO WARRANTY OR REPRESENTATION THAT ITS HOSTING OF ANY DATA OR INFORMATION COMPLIES WITH LOCAL, STATE, OR FEDERAL RECORDS RETENTION REQUIREMENTS AND HAS NO OBLIGATION TO RETAIN ANY DATA OR INFORMATION AFTER THE TERMINATION OF YOUR ACCOUNT OR REGISTRATION. YOU ARE SOLELY RESPONSIBLE FOR THE BACKUP OF ANY AND ALL DATA OR INFORMATION YOU POST OR SUBMIT TO THE WEBSITE AND HANDLE THE HEAT HAS NO LIABILITY OF ANY KIND FOR ANY LOSS OF DATA OR INFORMATION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OF OR THE ENTIRE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY.

IN NO EVENT WILL HANDLE THE HEAT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES RESULTING FROM USE OF THE WEBSITE, SUBSCRIPTIONS, OR PURCHASES MADE THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE), EVEN IF HANDLE THE HEAT HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE OR ACCESS THE WEBSITE, SUBSCRIPTIONS, PRODUCTS, SERVICES, OR CONTENT; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE; (c) LATE SHIPMENT OR DELIVERY, OR DAMAGE TO SUBSCRIPTIONS, MAGAZINES, OR GOODS IN TRANSIT (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE, INCLUDING WITHOUT LIMITATION, UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; (e) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, RELY ON, OR DISTRIBUTE; OR (f) THE LOSS OF ANY DATA, INFORMATION, OR CONTENT SUBMITTED OR POSTED TO THE WEBSITE.

IN NO EVENT WILL HANDLE THE HEAT’S LIABILITY OR THE LIABILITY OF HANDLE THE HEAT’S LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SHAREHOLDERS AND CONTRACTORS IN CONNECTION YOUR USE OF THIS WEBSITE, UNDER ANY THEORY OF RECOVERY, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE PRODUCTS, SERVICES, OR SUBSCRIPTIONS THAT GIVE RISE TO THE CLAIM.

FORCE MAJEURE: HANDLE THE HEAT SHALL NOT BE LIABLE FOR ANY ACTIONS OR FAILURE TO ACT DUE TO CAUSES BEYOND ITS REASONABLE CONTROL, OR DUE TO ACTS OF GOD, ACTS OF PURCHASER, ACTS OF CIVIL OR MILITARY AUTHORITY, PRIORITIES, FIRES, STRIKES, FLOODS, EPIDEMICS, PANDEMICS, QUARANTINE RESTRICTIONS, WAR, RIOTS, DELAYS IN TRANSPORTATION, CAR SHORTAGES, AND INABILITY DUE TO CAUSES BEYOND ITS REASONABLE CONTROL TO OBTAIN NECESSARY LABOR, MATERIALS, OR PROCESSING FACILITIES.

THESE TERMS DEFINE YOUR SOLE AND EXCLUSIVE REMEDY.

TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.

Indemnification

You agree to indemnify and hold Handle the Heat, its parents, predecessors, subsidiaries, assigns, agents, attorneys, trustees, trusts, trust beneficiaries, directors, partners, joint venturers, stockholders, affiliates, officers and employees, harmless from each and any claim or demand, including but not limited to reasonable attorneys’ fees and costs, due to or arising out of: your use of the Website; your unsanctioned or unauthorized use or installation of any Subscriptions, Products, or Services, your misuse of any Subscriptions, Products, or Services, or your use or installation of any Subscriptions, Products, or Services in a way that does not conform to these Terms or any applicable instructions, including without limitation, use or installation that may void any applicable warranty hereunder; your violation of these Terms; or your (or other user of the Website using your computer or Account) infringement of any intellectual property or any other right of any person or entity.

Termination

Your right to use the Website or Subscription automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Website or Subscription. Handle the Heat also reserves the right, in Handle the Heat’s sole discretion, to terminate your access to all or part of any of the Website, your Account, your Subscription, or any other content, for any reason, with or without notice.

Privacy Policy

Our Privacy Policy explains the practices that apply to your information. The Privacy Policy is fully incorporated herein by reference. Your ongoing use of this Website or Subscription signifies your consent to the information practices disclosed in the Handle the Heat Privacy Policy https://handletheheat.com/privacy-policy.

Dispute Resolution, Arbitration, Consent To Jurisdiction In Arizona and Attorney’s Fees

 

This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. The term “Dispute” means any dispute, action, or other controversy between you and us concerning these Terms (including any policies or supplements incorporated) or any product, service, or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to P.O. Box 97182, Phoenix, Arizona 85060. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or we may commence arbitration.

 

If you and we do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator‘s award.

 

Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

 

Any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You and we each agree to commence arbitration only in Phoenix, Arizona, USA. You may request a telephonic or in-person hearing by following the AAA rules. These Terms govern to the extent they conflict with the AAA‘s Commercial Arbitration Rules. The arbitrator may award compensatory damages up to a maximum of $10.00 or the amount you have paid us for any subscriptions, products, or services purchased through the Website, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys‘ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys‘ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.

 

Claims or Disputes must be filed within one (1) year. To the extent permitted by applicable law, any claim or Dispute under these Terms must be filed within one (1) year from the date of the cause of action. If a claim or dispute is not filed within one (1) year, it will be permanently barred.

 

Equitable Relief. You agree that we would be irreparably damaged if these Terms (including any policies or supplements incorporated herein) were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.

 

Jurisdiction and Forum. You agree that any arbitration as described in the proceeding sections shall be held in the courts of competent jurisdiction sitting within Maricopa County, Arizona (the “Forum”), and judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.

 

Entire Agreement

These Terms represents the entire agreement between you and us. No agent or other person is authorized to modify these Terms or to make any warranty or representation which is different than, or in addition to, the warranties and representations of these Terms.

 

Bots

Handle the Heat retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for bots, Handle the Heat reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at Handle the Heat’s discretion.

Other Terms

If any provision of these Terms shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement relating to your participation as a User unless expressly agreed to in writing signed by Handle the Heat.

Subject to our Privacy Policy, you acknowledge and agree that Handle the Heat may preserve and disclose any account information and the contents of your online communications if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (a) to comply with legal process, such as a court order, search warrant, or subpoena; (b) to enforce the terms of these Terms and Conditions; (c) to render service you request; (d) to protect Handle the Heat’s rights or property; or (e) in circumstances that Handle the Heat deems, in its sole discretion, to pose a threat to the safety of you or others.

Modifications and Interruption to Service

Handle the Heat reserves the right, at any time, to modify, alter, or update these Terms without prior notice. Modifications shall become effective immediately upon being posted on the Website. Your continued acceptance of magazine issues per a subscription or use of the Website, or purchases made after amendments are posted constitutes an acknowledgement and acceptance of the Terms, its modifications, and modifications to any subscriptions. Except as expressly stated herein, these Terms may not be amended.

Handle the Heat reserves the right to modify or discontinue the Website, Subscriptions, products, courses, or content with or without notice. Handle the Heat shall not be liable to you or any third party should Handle the Heat exercise its right to modify or discontinue the Website, Subscriptions, products, courses, or content. You acknowledge and accept that Handle the Heat does not guarantee continuous, uninterrupted, or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Handle the Heat’s control.

Contact Us

If you have questions about these Terms or need to reach us for any reason, please visit our Contact Page.

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