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Terms Of Use

The Heim Co. (“Heim”) family welcomes you to its edwinlheim.com website. We hope you find the information in our website informative, helpful, educational and fun. For convenience, references to the “Site” refers only to the edwinlheim.com website.

We have developed these Terms of Use and Services “(TOU”) to list the terms and conditions applicable to using the Site and the information contained on the Site.

IMPORTANT NOTICE!

THESE TERMS OF USE (TOU) GOVERN YOUR ACCESS TO THIS SITE, PROVIDED BY HEIM. BY ENTERING, BROWSING, OR USING THIS SITE, YOU UNCONDITIONALLY ACKNOWLEDGE AND ACCEPT THESE TOU, AS WELL AS AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS IN FULL. YOU CONFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT. IF YOU DISAGREE WITH ANY PART OF THESE TOU, PLEASE EXIT THE SITE IMMEDIATELY. OTHER HEIM WEBSITES MAY HAVE THEIR OWN TERMS OF USE AND/OR PRIVACY POLICIES, WHICH SHOULD BE REVIEWED.

BY ACCEPTING THESE TOU, YOU WAIVE AND HOLD HEIM HARMLESS FROM ANY CLAIMS ARISING FROM ANY ACTIONS TAKEN BY HEIM DURING OR AS A RESULT OF ITS INVESTIGATIONS OR AS A CONSEQUENCE OF INVESTIGATIONS RELATED TO YOUR USE OF THE SITE.

HEIM RESERVES THE RIGHT TO MODIFY THESE TOU AT ANY TIME AT ITS DISCRETION. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES WILL CONSTITUTE YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE UPDATED TERMS. PLEASE REVIEW THESE TOU REGULARLY.

General Site Purpose

“The purpose of the Site is to provide our users with relevant information about Heim services and projects. This is in tandem with offering insight into the Heim organization, as well as its capabilities and initiatives to increase our user’s overall enjoyment of the Heim Brand.”

Age Restriction

This Site is intended for use by persons 18 years of age and older.

Heim Content

Unless otherwise specified, all images, text, audio, video, graphics, and other content displayed or published on the Site (collectively referred to as “Heim Content”), excluding user-generated content, is owned by Heim. This includes, but is not limited to, names, logos, trademarks, copyrights, service marks, patents, and other intellectual property related to the Site. You may only use Heim Content in accordance with these TOU. Accessing the Site does not grant you any rights or ownership over the Site, Heim Content, or any other content. You are prohibited from removing or modifying any intellectual property or proprietary notices visible on the Site.

There may be other/ additional content on the Site that is not owned by Heim. This content remains the property of its respective owners, and access to the Site does not grant any rights, title, or ownership over it.

“Heim,” “Heim Co.,” and any related graphical representations are trademarks of Heim. Other trademarks, names, and logos on this Site belong to / are the property of their respective owners.

All rights not expressly granted are herein reserved to Heim.

Permitted Use of Site

Certain elements of the Site, including but not limited to, text, graphics, photographs, audio, video, images, and Site layout are protected by United States and international copyright laws. No portions of the Site may be copied, republished, modified, edited, or transmitted; nor may they be used to reverse engineer the site.

Restricted Use of Site

Except as expressly provided herein, the Site content may not be used for any purpose without Heim’s express prior written consent. No third party’s content may be used for any purpose whatsoever without your first obtaining such third party’s express prior written consent. You may not (and you may not authorize any other party to) without Heim’s express prior written consent:

  • Display, distribute, copy, reuse, publish, re-post, reproduce, sell, transmit, modify, or otherwise use the Site content for public or commercial purposes
  • Use Site content to create any websites, online services, or other publications
  • Co-brand the Site, as well as display, publish, or distribute the Site or any content in a manner that attributes you, an organization, or any third party as to have an affiliation with Heim

    • For purposes of these TOU “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a Site visitor the impression that such other party has the right to ; and
  • Frame the Site, displaying it, it’s content, elements or materials on any other site
  • Hyper-link to the Site

Any modification or use of the Site content beyond what is explicitly permitted here may infringe upon Heim’s or a third party’s intellectual property rights. You agree to cooperate with Heim in promptly ceasing any unauthorized modification or use of the Site or any content.

Disclaimer of Guarantees

Although we strive to provide an accurate, safe and up-to-date Site; we cannot guarantee nor warrant that all content is free from errors or omissions. You use the Site at your own risk.

Consequently, Heim offers no express or implied warranties, representations, or endorsements regarding the Site. We do not guarantee the accuracy, adequacy, usefulness, or completeness of the Site. Heim explicitly disclaims all types of warranties (whether they be express, implied, statutory or otherwise) including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The disclaimer applies to the Site, its content, and any goods or services offered through it. Heim is not obligated to update the Site or remove outdated, inaccurate or incomplete information. Heim does not guarantee that the Site or its content will be accurate, timely, uninterrupted or secure; nor do we warrant that the Site is free of viruses or other harmful elements.

You should approach the Site as you would any other educational resource and not rely solely on it for your judgment. The Site is not comprehensive and may not cover all issues, topics, or facts relevant to you.

WITHOUT LIMITING THE ABOVE, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES. YOU USE THE SITE AND ITS CONTENT AT YOUR OWN RISK.

YOU ARE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH REPAIRS IF YOU EXPERIENCE DAMAGE OR LOSS RESULTING FROM YOUR USE OF THE SITE.

HEIM DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL NOT INFRINGE ON THE RIGHTS OF OTHERS AND ACCEPTS NO LIABILITY FOR SUCH INFRINGEMENT.

Limitation of Liability

IN NO EVENT SHALL HEIM, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, REPRESENTATIVES, ATTORNEYS, OR CONTENT PROVIDERS, OR THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, “HEIM PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, ACTUAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, OR EMOTIONAL DISTRESS, EVEN IF HEIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO: YOUR USE (OR INABILITY TO USE) OF THE SITE OR ANY CONTENT; ANY CLAIM RELATED TO ERRORS, OMISSIONS, OR INACCURACIES IN THE SITE; OR ANY OTHER ISSUE CONNECTED TO THE SITE. THE TOTAL LIABILITY OF HEIM AND THE HEIM PARTIES WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID HEIM FOR THE CONTENT, GOOD, OR SERVICE GIVING RISE TO THE LIABILITY (REGARDLESS OF THE LEGAL THEORY INVOLVED, WHETHER IN CONTRACT, TORT, OR OTHERWISE).

Some states do not permit the exclusion or limitation of liability for consequential or incidental damages, so some of these limitations may not apply to you.

If there is dissatisfaction with the Site, your lone and exclusive remedy is to discontinue using the Site.

Indemnification

You agree to indemnify, defend, and hold harmless Heim and the Heim Parties from and against all actions, claims, damages, demands, losses, costs, awards, liabilities, judgments, expenses (including reasonable attorneys’ fees, costs of defense, and direct, indirect, punitive, special, individual, consequential, or exemplary damages), liabilities, and suits arising from or relating to (i) any violation of these TOU; (ii) any claims brought by third parties arising out of your use of the Site and/or any content; (iii) use of the Site by any person using your password; (iv) violations of any laws or regulations by you. This indemnification obligation shall survive the termination of these TOU.

Heim Service Availability

The elements contained on the Site were developed to keep you informed about Heim, its services and capabilities. With that being said, we cannot make any claim guarantee that the information on the Site is appropriate in any jurisdiction; or that the services described on the Site are applicable in all situations or jurisdictions.

Export Restrictions

The Site is operated from the United States; thus, some of the software that may be downloaded from the Site could be subject to governmental export control or other restrictions. If you download any software, you represent and guarantee that you are not subject to any such restrictions.

Site Modification or Discontinuation

Heim reserves the right to pause, interrupt, or discontinue any and all functionality of the Site, or any portion thereof, without notice. We also reserve the right to remove or edit content for any reason whatsoever and at any time without notifying users. We also reserve the right to change, alter or improve the Site, its content or any portion thereof, at any time without notice.

Submissions to Site

In general, you should not consider any material, communications, content, remarks, suggestions, ideas, graphics, or other information you transmit to Heim through the Site (each, a “Submission”) to be confidential or proprietary. Any such Submission will be treated in accordance with our Privacy Policy. You hereby grant to Heim the royalty-free, perpetual, irrevocable, global, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Submissions, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Heim may use any Submission in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind. Heim will not incur any liability as a result of any similarities that may appear in future Heim operations.

Unsolicited Suggestions

While we welcome your comments and feedback (through e-mail, regular mail or over the telephone) regarding the Site or any of our services. Please note that we are not seeking any unsolicited ideas, suggestions or materials related to our services at this time. Any proposed ideas or other such information (i) will be treated as non-proprietary and non-confidential and (ii) may be used by Heim for any purpose whatsoever, commercial or otherwise, without any compensation to you.

Hyper-Linked Sites

In the event we provide links to other sites, external of www.edwinlheim.com, it is to be understood that in the use of these links, you will leave the Site. Some of the sites are operated by Heim and some are operated by companies, persons or entities that are unrelated to Heim. Heim has not reviewed all such sites in great detail, and cannot be responsible for the content presented on those sites which are not operated by Heim. As a consequence, links to any non-Heim website is at your own risk and you should consult the terms of use and privacy policies of those sites. Heim does not guarantee the content, completeness, or accuracy of such non-Heim websites or the hyper-links to such sites. Heim is not responsible or liable for any linked site. Furthermore, inclusion of a hyper-link to a non-Heim website does not necessarily imply Heim’s endorsement or recommendation of that site.

Privacy Policy

Your use of the Site is also governed by our Privacy Policy located at https://www.edwinlheim.com/privacy. The Privacy Policy is incorporated by reference into these TOU.

Third Party Advertisements

Heim may also feature projects and other information on different non-Heim companies or products on the Site; which may be sourced internally or provided by third parties. While Heim does its best to only offer quality information, it cannot guarantee the accuracy of such information. By providing such information, Heim does not necessarily endorse it.

Site Visitor Conduct

If at any point users are able to upload/post user generated content to the Site, including the ability to upload documents or share comments, you agree that you, not Heim, are entirely responsible for all of your user generated content. This includes, but is not limited to, information, text, comments, data, documents, images, photographs, graphics, audio, videos, or webcasts that you upload, post, email, transmit or otherwise make available (collectively, “Make Available”) through your use of the Site (such content, collectively, “Your Content”), whether publicly posted or privately transmitted. Heim does not claim ownership in Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness. Unless otherwise stated herein or in our Privacy Policy, all of Your Content that you Make Available to the Site will be publicly available to be viewed by other users of the Site. In no way is Heim liable for any legal claim related to Your Content, and you assume all liability associated with Your Content.

You hereby grant to Heim the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all of Your Content, and to incorporate any of Your Content in other works in any form, media, or technology now known or later developed. Heim may use any of Your Content in its business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind. Heim will not incur any liability as a result of any similarities that may appear in future Heim operations.

You represent and warrant that:

  1. You own all applicable intellectual property and other right, title and interest to Your Content, or have obtained all necessary license(s) from the owners of such intellectual property rights to use Your Content.
  2. You have the rights necessary to grant the license and sublicenses described in these TOU.
  3. You have received consent from any and all persons depicted in Your Content to use Your Content as set forth in these TOU, including distribution, public display, public performance and reproduction of Your Content.
  4. An your Content does not violate the intellectual property rights, privacy rights, publicity rights, contract rights, or any other rights of any person or entity.

You acknowledge and agree that by accessing or using the Site or content, you may be exposed to information, data, documents, images, photographs, graphics, audio, videos, or webcasts from others that may be considered offensive, indecent or otherwise objectionable, and you will in no way hold Heim liable for such content.

In connection with your use of the Site, including your ability to Make Available Your Content, you agree not to (or to encourage or permit others to):

  • Infringe the intellectual property, privacy, publicity, contract or other rights of another person or entity
  • Violate any federal, state, local or international laws or regulations
  • Make Available any of Your Content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
  • Stalk, intimidate and/or harass Heim, its employees or another user of the site
  • Promote, discuss or incite others to commit illegal or violent activities
  • Depict animal cruelty
  • Harm minors in any way
  • Make Available any of Your Content that you do not have a right to Make Available under any applicable law or contractual or fiduciary relationship
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • Provide false or misleading information when submitting forms
  • Forge headers or otherwise manipulate identifiers to disguise the origin of any of Your Content
  • Mislead a Site visitor into believing that they are interacting directly with Heim
  • Engage in any terroristic activity
  • Engage in any chain letters, contests, sweepstakes, junk email, pyramid schemes, spamming, phishing or pharming, surveys or other duplicative or unsolicited messages (commercial or otherwise)
  • Engage in unsolicited or unauthorized advertising or promotional activities
  • Use any Heim domain name as a pseudonymous return email address
  • Make Available any of Your Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment
  • Access or use the Site or content in any manner that could damage, disable, overburden or impair any Heim server or the networks connected to any Heim server
  • Interfere with or disrupt the Site or content or violate any applicable laws related to the access to or use of the Site or content, violate any requirements, procedures, policies or regulations of networks connected to the Site or content, or engage in any activity prohibited by these TOU and/or the Privacy Policy
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Site or any content, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites
  • Disrupt, interfere with, or inhibit any other Site visitor from using and enjoying the Site, content, or other affiliated or linked sites or content
  • Access or attempt to access or hack into any content or computer system or server that you are not authorized to access or through any means not intentionally made available through the Site
  • Make attempts to circumvent security features
  • Market any goods or services for any business purposes (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Heim
  • Reproduce, use, sell, trade, resell or exploit for any commercial purpose any portion of the Site or content
  • Use any data mining, robots, screen scraping or similar data gathering and extraction methods in connection with the Site and/or its content
  • Alter any Site content

The previous list is not exclusive. Heim reserves the right to: (1) terminate access to the Site for any reason; and (2) delete or edit any of Your Content (but Heim has no duty to delete or edit Your Content even if requested to do so by a third party) for any reason including but not limited to content that violates these TOU or is otherwise objectionable. Heim is under no duty to, and does not claim that it will, monitor or pre-screen Your Content.

Copyright Infringement Notification

If you believe that any content on the Site infringes your copyright and wish to have it removed, please send a detailed message to Heim’s designated agent for copyright infringement claims, including the following information as required by the Digital Millennium Copyright Act:

  1. A physical or electronic signature of someone authorized to act on behalf of the copyright owner whose exclusive rights are allegedly infringed.
  2. Identification of the copyrighted work claimed to be infringed, or a representative list of multiple works if they are covered by a single notification.
  3. Identification of the material that is claimed to be infringing, along with information sufficient for Heim to locate it, and a request for its removal or access to be disabled.
  4. Your contact information as the complaining party, including an address, phone number, and, if available, an email address.
  5. A statement affirming that you have a good faith belief that the use of the material in question is not authorized by the copyright owner, its agent, or the law.
  6. A statement verifying that the information in your notification is accurate, and that you are authorized to act on behalf of the owner of the exclusive rights that are allegedly infringed, under penalty of perjury.

Please contact us at info@elheim.com, for any copyright related inquiries.

Or write us a letter at:

Copyright Coordinator
Heim Co.
470 Friendship Rd.
Harrisburg, PA 17111

Other Intellectual Property Infringement

If it is believed that any content on the Site violates or infringes your intellectual property rights, other than these TOU or the aforementioned copyright claims, please send an email to info@elheim.com detailing your allegation or complaint.

Cooperation with Law Enforcement

We reserve the right to cooperate and comply with all legal requirements, authorities and processes regarding your use of the Site. You agree to waive and hold Heim harmless from any claims resulting from any actions in connection with or relation to Heim’s cooperation and compliance with any legal authorities, legal requirements and processes involving your use of the Site. This includes, but is not limited to, if Heim is required by law to disclose your identity and online activity.

Severability

If any provision of these TOU is held to be unlawful, void or unenforceable, that part will be deemed severable and it will not affect the validity and enforceability of any remaining provisions.

Geographic Limitations

Heim operates the Site from its headquarters in the United States. The Site is only intended for users within the United States. If you use the Site outside the United States, you are responsible for complying with your local laws.

Amendments

Please note that we reserve the right to modify/ change the content of these TOU at any time, at our sole discretion, and without prior notice. You will be expected to comply with any revisions; thus it is recommended that you periodically check these TOU to review the current terms that apply to you.

Entire Agreement

These TOU set forth the entire agreement regarding matters discussed herein and supersedes all prior communications, proposals and promises, whether written, electronic, or oral, between you and Heim.

Legal Jurisdiction

These TOU will be governed by and interpreted in accordance with the laws of the Commonwealth of Pennsylvania, without regard to any conflict of law principles. You expressly consent to personal jurisdiction in Pennsylvania for any disputes between you and Heim related to these TOU or their subject matter. The exclusive venue for any disputes arising from these TOU will be the state and federal courts located in Harrisburg, Pennsylvania.

Terms of Use Assignment

At its sole discretion, Heim may assign or transfer these TOU to any entity that is a successor to Heim or Heim’s interests. This assignment is not limited by any means, whether that be through merger, asset acquisition, or otherwise. You are not permitted to assign or transfer these TOU.

Internet Usage

Heim does not assume any liability or responsibility for your use of the Internet or the Site. This includes but is not limited to, any effect that such use of the Site may have on your device or network.

Term Perseverance

The guarantee disclaimers, proprietary rights, indemnities, limitations of liability and any representations made by you shall continue beyond the termination of these TOU.

Waiver

Heim’s failure to enforce any provision of these TOU does not waive that provision.

Termination

In the event you violate any provision of these TOU, Heim may deny access to the Site without notice.

Contact

Please contact us at info@elheim.com.

Effective Date.

These TOU are effective as of 11/1/2024.