Terms of Use

Last Updated: February 3, 2014

Welcome to HeathTreeService.com (“Website” or “HTS”), the internet site for Heath Tree Service, which is wholly owned and operated by J.H. Heath, Inc. (hereinafter also referred to as "JHH", or “we,” “our,” or “us”).

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS OF USE”) BEFORE USING WWW.HEATHTREESERVICE.COM (“WEBSITE”), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, YOUR INDEMNITY TO US AND MANDATORY ARBITRATION.

These Terms of Use apply to this Website and to all interactive features or downloads that are available through the Website or that interact with the Website and post these Terms of Use. These Terms of Use govern your use of the Website whether accessed via computer, mobile device, tablet or other means known or devised in the future. You agree to these Terms by accessing or using Website. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE.  Use of the site constitutes acceptance of these terms in full.

In some instances, both these Terms of Use and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or feature offered via the Website (“Additional Terms”). The Additional Terms are incorporated by reference into these Terms of Use. To the extent there is a conflict between these Terms of Use and any Additional Terms, the Terms of Use will control unless the Additional Terms expressly state otherwise. You consent to the collection and use of data in accordance with the Website’s Privacy Policy.

A. TERMS AND CONDITIONS APPLICABLE TO ALL USERS

Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE.

For users who are not registered with this Website, your use of the Website will be deemed to be acceptance of the Terms of Use, Section A.

For users who are registered with the Website, your use of the Website shall be subject to (i) certain designated terms (see Section B below) in addition to those terms applicable to all users and (ii) shall be further conditioned on your clicking the "I AGREE TO THE TERMS OF USE" button at the end of these Terms of Use, and/or the button at the end of the registration form.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.

Website Ownership, Scope of Use and User E-Mail

The Website is owned and operated by Full Throttle Media. The Website and all intellectual property and other rights relating thereto are and will remain the property of JHH and its licensors. The Website is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as set forth in these Terms of Use, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website without the prior written permission of JHH. You acknowledge that you do not acquire any ownership rights by using the Website. The Website shall be used solely (a) to the extent permitted in these Terms of Use or (b) as expressly authorized in writing by JHH. The Website is provided for personal and non-commercial purposes only. Use of the Website for any other purpose is strictly prohibited. At all times, access and use of the is restricted to only lawful purposes.

JHH reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you. You agree that JHH shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in these Terms of Use shall be construed to obligate HTS to maintain and support the Website, or any part or portion thereof, during the term of these Terms of Use.

The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered trademarks of TM and/or others. Nothing contained in these Terms of Use or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of JHH or the third party owner of any such Trademark.

You are only authorized, where permitted by these Terms of Use, to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, software, audio and video files and photos) of this Website for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact.

You may not store, modify, reproduce, transmit, reverse engineer or distribute any portion of the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited.

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party’s permission or (iv) otherwise violate any applicable laws. JHH shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Full Throttle Media, Inc. is strictly prohibited.

Submitted Content

You agree that any ideas, feedback, information, materials or content that you provide, submit, upload or otherwise transmit to Website (“User Content”) will be available for our use free of any obligations to you. You hereby (a) grant to JHH a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to any and all rights in the User Content including all copyrights therein, for any exploitation by JHH and/or by any person authorized by JHH, by any means and in all media now known or hereafter devised, without payment to you or any third party, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content that may be available to you; (c) appoint JHH as your agent with full power to enter into any document and/or do any act JHH may consider appropriate to confirm the grant and waiver set out above; (d) warrant that you are the owner of the User Content and are entitled and have the rights necessary to enter into these Terms of Use; (e) confirm that no such User Content is subject to any obligation, of confidence or otherwise, to you or any third party, and that JHH shall not be liable for any use or disclosure of such User Content. Except as otherwise described in the Website’s posted Privacy Policy, or as specifically provided in another agreement on the Website pursuant to which you provide your User Content, you agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned. Upon JHH’s request, you will furnish JHH any documentation, substantiation or releases necessary to verify your compliance with these Terms of Use.

Some of the forums (individual bulletin boards and posts on the social network, for instance) on the Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. JHH has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.

Acceptable Use

You agree to abide by all applicable local, state, national and foreign laws, rules and regulations in connection with your use of the Website. In addition, you agree that you will not do any of the following while using or accessing the Website:

  • Disable, hack, circumvent or otherwise interfere with security-related features of the Website or with any features that prevent or restrict use or copying of any Website content or materials;
  • Use any metadata, meta tags or other hidden text utilizing a In the Spread name, trademark, URL or product name;
  • In any way use the Website to send altered, deceptive or false source-identifying information;
  • Use any scripts, programs or other automated means to access the, or otherwise engage in any ‘data scraping’ or data gathering practices with respect to the Website;
  • Upload, submit, post, email, or otherwise transmit, via the Website, any content or materials that are unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the sole opinion of JHH;
  • Destroy, interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Website, servers or networks connected to the Website or the technical delivery systems of Website’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website;
  • Attempt to scan, probe or test the vulnerability of any Website system or network or breach or impair or circumvent any security or authentication measures protecting and providing security for the Website;
  • Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Website;
  • Attempt to search, meta-search or access the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by JHH or other generally available third-party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Chrome or any that may be derived in the future), including any software that sends queries to the Website to determine how a website or web page ranks.
  • Collect or store personal data about other users of the Website without their express and explicit permission;
  • Misrepresent or impersonate your affiliation with any person or entity, or otherwise commit fraud;
  • Use the Website in any manner not permitted by these Terms of Use; or
  • Instruct or encourage any other individual to do any of the foregoing or to break and/or violate any term of these Terms of Use.

Spamming

Gathering email addresses from Website through harvesting or automated means is strictly prohibited by law. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with HTS should be directed to: adserve at heathtreeservice.com

Mobile Features

The Website may offer features and services that are available to you via your mobile device. These features and services may, include, without limitation, the ability to upload content to the Website, receive messages from the Website, download applications to your mobile device or access the Website’s features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features. Such fees and charges will appear on the bill you receive from your carrier or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Third Party Links

The Website may contain links to third-party websites for your convenience. HTS does not control such linked websites or the content provided through such websites, and HTS has not reviewed, in their entirety, such websites. Your use of such linked websites is subject to the privacy practices and terms of use established by each such linked website, and JHH disclaims all liability for such use. Such links do not indicate any approval or endorsement by JHH of any such linked website or any material contained on any such linked website, and JHH disclaims any such approval or endorsement. Further, descriptions of, or references to, third-party products, services or publications within the Website do not imply endorsement of, and JHH is not responsible for and disclaims any endorsement of, any such product, service or publication.

Warranty Disclaimer

THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

There is no warranty, representation or guarantee that the Website, or your use of the Website, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the Website, or any information, software or other material accessible from the Website, is free of viruses or other harmful components. JHH does not warrant, guarantee, or make any representation regarding the use of, or the results of the use of the Website either in terms of its COMPATIBILITY with hardware or other software or equipment, and you assume all responsibility and risk for your use of the Website and Information and your reliance thereon.

Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER JHH NOR ANY OF JHH LICENSORS, SPONSORS, AGENTS, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY MANNER TO (A) THE WEBSITE, (B) ANY LINKED WEBSITE, (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY HTS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFHTS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF HTS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).

YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF JHH TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY LINKED WEBSITE SHALL BE $100.

Waiver of Unknown Claims

BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFHTS OF ANY LAW OF ANMY STATE THAT SUBSTANTIALLY PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification

You agree that you will indemnify and hold harmless, and upon JHH’s request, defend, JHH and its directors, officers, shareholders, employees and agents from and against any and all losses, liabilities, damages, costs, expenses (including reasonable counsel fees), actions, suits and claims arising from any breach of any of your obligations, representations or warranties in these Terms of Use. If JHH asks you to defend any such action, suit or claim, JHH will have the right, at its own expense, to participate in the defense thereof. You will not settle any third-party claims for which JHH is entitled to indemnification without the prior written approval of JHH.

Copyright Policy

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe in good faith that materials on the JHH Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow JHH to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to:

Copyright Agent
J.H. Heath, Inc.
4766 Oakdale Road
SmyrnaGA 30080
legal@heathtreeservices.com

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

Users Disputes

You are solely responsible for your interactions with other Users. JHH reserves the right, but has no obligation, to monitor disputes between you and other Users.

Non-U.S. Users

JHH makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Website are appropriate or available for use in other locations. Accessing the Website from territories where the Website, or any content or functionality of the Website or portion thereof, is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

Term and Termination

These Terms of Use are effective from the date that you first access the Website or submit any information to JHH via the Website, whichever is earlier, and shall remain effective until terminated in accordance with these Terms of Use. JHH may immediately terminate these Terms of Use, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. JHH may also terminate these Terms of Use immediately if you fail to comply with any term or provision of these Terms of Use. Upon termination of these Terms of Use by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of these Terms of Use or otherwise. All disclaimers and all limitations of liability, and all JHH rights of ownership, shall survive any termination or expiration of these Terms of Use.

Arbitration and Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, will be settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in Miami-Dade County, Florida and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction for award confirmation purposes only of all federal and state courts in Florida. Venue will lie exclusively in Dade County, Florida. For the sake of clarity, nothing in this paragraph shall affect JHH’s ability to seek from a court injunctive or equitable relief at any time.

If any arbitration or other proceeding is brought to enforce or interpret these Terms of Use or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Separate Agreements

You may have other agreements with JHH. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with JHH.

Miscellaneous

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and JHH relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and JHH with respect to such subject matter. These Terms of Use may not be changed, waived or modified except by JHH as provided herein or otherwise by written instrument signed by JHH. These Terms of Use or any right, obligation, or remedy hereunder is not assignable, transferable, delegatable, or sublicensable by you except with JHH’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void. JHH may assign, transfer, or delegate these Terms of Use or any right or obligation or remedy hereunder in its sole discretion. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. JHH shall have no liability under these Terms of Use to the extent arising from any failure of JHH to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes, or any other event not within HTS’s reasonable control.

B. ADDITIONAL TERMS APPLICABLE ONLY TO REGISTERED USERS

Accounts And Security

HTS does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each user will select a password and Login Name. You shall provide HTS with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.

You may not:

  • Select or use a Login Name of another person with the intent to impersonate that person;
  • use a name subject to the rights of any other person without authorization;
  • use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
  • You shall notify JHH of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
  • You shall be responsible for maintaining the confidentiality of your password.
  • Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at JHH’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at legal@heathtreeservice.com.