You agree to indemnify, defend and hold harmless our HeaterSIM website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our website.
4. Third Party Rights
The provisions of paragraphs/sections 1 (Use of the Service), and 2 (Indemnification) are for the benefit of our website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated by HeaterSIM without notice at any time for any reason. The provisions of paragraphs/sections 1 (Copyright, Licenses and Idea Submissions), 1 (Use of the Service), 2 (Indemnification), 3 (Third Party Rights) and 5 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.
This Agreement shall treated as though executed, set in force, and performed in the United Kingdom. Accordingly, it shall be governed and construed in accordance with the laws of the United Kingdom in terms of those applicable to agreements, without regard to conflict of law principles.
Any cause of action by you with respect to our HeaterSIM website must be instituted within one (1) week after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially.
Our website may assign its rights and duties under this Agreement to any party at any time without notice to you.
The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.
Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.
Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved to HeaterSIM.
Express Disclaimer of Consequential Damages
In no event will our website be liable for (i) any incidental, consequential, indirect or other damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if our website or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service.
Our website and content are provided on an 'as is' basis without any warranties of any kind. Our website and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including (but not limited to) the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. Our website and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.