Terms of Use

The following Terms of Use govern your use of the Heritage Bomanite web site (Site) located at www.heritagebomanite.com. We may change the Terms of Use from time to time, at any time, by posting such changes on the Site. By using the Site, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, you may not access or otherwise use the site.

1. License of Use

General Public - You may access and view the content on the Site at no charge for your personal use only. The Site and the Site's services and any content and materials on the Site, are only for your personal, non-commercial use. You may print any picture found on the Site for your personal use.

Referral Partners - You may access the Site and create online accounts at no charge for the purpose of uploading information relating to project leads you may have, per the terms of the Referral Program Agreement.

2. Proprietary Rights

As between you and Heritage Bomanite, without exception, we own all rights and interest in and to the Site, all the content, and the look and feel, design, compilation and organization thereof.

3. Prohibited Uses

No person or entity may commercially distribute, publish or exploit the Site, or any content, code, data or materials on the Site, unless you have received the express written prior permission of Heritage Bomanite or the applicable rights holder if other than Heritage Bomanite. Other than as set forth in Section 1 of these Terms of Use, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site.

4. Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of Heritage Bomanite and other owners and may not be used unless authorized by the respective trademark owner.

5. User Information

In the course of your use of the Site, you may be asked to provide certain personal information to us. Our information collection and use policies with respect to the privacy of such personal information are set forth in our Privacy Policy.

6. Submitted Materials

Content may be uploaded to Heritage Bomanite by select parties. Such parties must read and accept the terms of the Referral Agreement prior to uploading any content.

7. Prohibited User Conduct

You agree that, while using the Site you will not: engage in any automatic means of accessing, logging-in or registering on the Site or for any of the Site's services or features, or obtaining lists of users or obtaining or accessing other information, services or features on, from or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; use the Site or the Site's services in violation of any applicable law; attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, make unauthorized use of, or otherwise alter or interfere with the Site or the Site's services, or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

8. Linking to the Site

We encourage others to link to the Site, however, we reserve the right that any such link to the Site be discontinued, and we may revoke your right to link to the Site from any other web site at any time upon written notice to you, and in such event you agree to discontinue any such linking activity.

9. Indemnification

You agree to defend, indemnify and hold Heritage Bomanite, its affiliates, and its and their directors, officers, employees, trustees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

10. Payment for Goods or Services

No goods or services are currently available for sale to users of the Site.

11. Third Party Web Sites

You may be able to link from the Site to third party web sites and third party web sites may be linked to the Site (Linked Sites). You acknowledge and agree that we have no responsibility for, nor do we endorse or sponsor, the information, content, products, services, advertising, or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.

12. DISCLAIMER OF WARRANTIES

The Site and its services and content are provided "AS IS," "AS AVAILABLE," and without warranty of any kind, either express or implied. No warranties concerning the usefulness of information on the Site are provided. If you are not satisfied with the Site or its available information or its purpose, your sole and exclusive remedy is to discontinue using the Site.

We reserve the right to change any of the information on the Site at any time without prior notice. We do not guarantee the correctness of any of the information provided on the Site. We cannot be held liable for any material omissions of information on the Site, nor will we be liable for any inaccuracies contained in the information available on the Site.

WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN REGARDS TO ANY PRODUCTS, INFORMATION, SERVICES, SPONSORS, OR ADVERTISEMENTS ON THE SITE.

13. LIMITATION OF LIABILITY

In no event and for no reason whatsoever, shall Heritage Bomanite or its affiliates or any of its and their owners, directors, officers, employees, or agents be liable for any damages whatsoever to any party for any use of this Site.

14. Applicable Laws

We operate the Site in the United States of America. We do not represent that information on the Site is appropriate for use in other countries. Persons who choose to access the Site from other countries do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. All parties to these Terms of Use waive their respective rights to a trial by jury.

15. Termination

We may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. We may restrict, impose limits on, suspend or terminate your access to the Site and/or its services if we believe you have violated our Terms of Use or applicable law, or for any other reason without notice or liability. Heritage Bomanite maintains a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.

16. Changes to Terms of Use

Heritage Bomanite reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use, in whole or in part, at any time without prior notice. Changes to the Terms of Use will be effective when posted.

17. Jurisdiction

The Terms of Use and the relationship between you and us shall be governed by the laws of the State of California. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of California, County of Fresno, and you further agree to submit to the personal and exclusive jurisdiction of the courts located in Fresno County, in the State of California. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.