Terms of Use

 1. WELCOME

Welcome to the Internet web sites of Heart of Vermont Productions Inc. We are delighted that you are visiting. We hope you enjoy your browsing and shopping experience with us.

2. THE LEGAL - USING OR ACCESSING OUR SITES MEANS YOU AGREE TO THE TERMS BELOW

By accessing and using our Web Sites or purchasing any of our products available from our Web Sites, you agree, without limitation or qualification, to be bound by these terms and conditions which are displayed below or other terms, conditions and policies which are displayed or to which you may be directed (collectively, the “Terms”).

If you do not agree with any of these Terms, you may not access or use any of our Web Sites.

Please note that we may from time to time change the Terms at any time. Please check periodically for changes. Your continued use of or access to any of our Web Sites will mean that you accept and agree to be bound by any such changes.
 

3. USE LICENSE

We grant you permission to temporarily download one copy of the materials on any of the Web Sites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

    * (a) modify or copy any of the content or materials on the Web Sites;

    * (b) use the content or materials on the Web Sites for any commercial purpose, or for any public display (commercial or non-commercial);

    * (c) attempt to decompile or reverse engineer any software which may be contained on any of the Web Sites;

    * (d) remove any copyright, trademark or other proprietary notations from the content or materials on the Web Sites; and

    * (e) transfer, distribute or reproduce any of the content or materials on the Web Sites to another person or “mirror” any such content or materials on any other computer server.

This license will automatically terminate if you violate any of these restrictions and may be terminated by Heart of Vermont Productions Inc. at any time. On terminating your viewing of such content or these materials or on the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
4. PRIVACY

Limited Collection of Information

We are very respectful about the privacy concerns of any visitors to our Web Sites. As a general policy, no personal information is automatically collected from visitors to any of our Web Sites. However, certain non-personal information is recorded by standard operation of our computer servers.

This information is primarily used to provide an enhanced online experience for our visitors. Information tracked includes the type of browser being used by the visitor, the type of computer operating system in use by the visitor and the domain name of the visitor’s Internet service provider. By having this information, web pages optimized for a particular visitor’s computer are automatically available to that visitor. Other uses of this information include internal review of the number of visitors to our Web Sites but only in an aggregate and non personally identifiable form. Email addresses and other personally identifiable data about visitors to our Web Sites are known to Heart of Vermont Productions Inc. only when voluntarily submitted. Personally identifiable information that may be collected in connection with visitors voluntarily filling out purchase order details or contest entry forms is retained by Heart of Vermont Productions Inc. and not sold or otherwise transferred outside the company. This information is used to better understand visitors’ use of our Web Sites and to support transactions made on the Web Sites.

However, this data in an aggregate form may be provided to other parties for marketing, advertising or other uses. We sometimes also use email addresses and other personally identifiable information to contact visitors who communicate with us. For example, we direct e-mail to visitors who provide us with their e-mail addresses for specific purposes such as receiving our e-mail newsletters, following up on product shipments, surveying the quality of our service, or being notified if they have won one of our contests.
Cookies

Our Web Sites, like many others, place a “cookie” in the browser files of each visitor’s computer. The cookie itself does not contain any personally identifying information. Although the cookie could enable Heart of Vermont Productions Inc. to relate a visitor’s use of any Web Site to information that the visitor has specifically and knowingly provided, Heart of Vermont Productions Inc. does not do so.
Heart of Vermont Productions Inc. Privacy Policy

For more details on how user information is collected, used and disclosed by Heart of Vermont Productions Inc. in connection with your use of any of our Web Sites, please consult our Privacy Policy below.

If you use or access any of our Web Sites, you are consenting to the collection, storage, use and disclosure of any information in accordance with the applicable provisions set forth above in this Paragraph 5 and as elaborated upon in our
Privacy Policy

Limitation of Liability

Providing a safe and secure environment for your order information is our top priority. Heart of Vermont Productions Inc. protects the security of your online transaction by partnering with PayPal, a global leader in online payment solutions. While our web sites use encryption security when accepting any orders for the purchase of our products, there is no guarantee that personal information and transactions on any of the web sites or on the internet will be maintained confidential and secure. The use of any of the web sites and the content thereon is at your own risk and Heart of Vermont Productions Inc. assumes no liability or responsibility pertaining to the content, your use of the web sites or the receipt, storage, transmission or other use of your personal information.
5. OWNERSHIP OF WEB SITE CONTENTS

Heart of Vermont Productions Inc. is the exclusive owner or authorized licensee of all materials posted on the Web Sites, including all information, content, data, images, illustrations, designs, icons, photographs and text including the intellectual property rights such as copyrights, trademarks and trade dress residing or inherent therein. Other than as expressly set forth in these Terms, no visitor to any of the Web Sites has any right to use, distribute, publish, modify, publicly display, transmit or reproduce any of our trademarks or any of the contents of the Web Sites (which are protected by copyright) without the prior express written consent of Heart of Vermont Productions Inc.


8. DISCLAIMER

We use reasonable efforts to include accurate and up-to-date information on our Web Sites. From time to time, there may be information on our Web Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. In the event we make a change to your order, we will attempt to notify you by contacting the e-mail and/or telephone number provided at the time the order was made.

Accordingly, any information on the Web Sites is provided “as is” without any warranty or conditions of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and non-infringement. Heart of Vermont Productions Inc. assumes no responsibility for any errors or omissions in the content of any of the Web Sites.

Any sale of our products through any of our Web Sites expressly excludes the UN Convention on Contracts for the International Sale of Goods.
7. PRICING POLICY

Online prices, offers and selection may vary from retail stores or events that carry Heart of Vermont Productions Inc. brand products and are subject to change.
8. ORDER LIMITATIONS

Heart of Vermont Productions Inc. reserves the right, in its sole and absolute discretion to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address or by the telephone number you gave us when you placed the order.

If Heart of Vermont Productions Inc. initially accepts an order and afterwards, before accepting your payment or shipping the same, decides in its sole and absolute discretion, to limit or cancel quantities purchased per person, per household or per order, we will notify you accordingly and, as may be applicable, refund in full or in part, any payment you may have advanced to us or authorized us to process without any penalties or deductions.
9. PURCHASERS BY DEALERS

We take great care in deciding who sells our products to the public. This decision is very important to our company, our brand and our customers. Accordingly, Heart of Vermont Productions Inc. reserves the right, in its sole and absolute discretion, to limit or elect not to accept orders from dealers.
10. SPECIAL OFFERS

Any special offers available on our Web Sites are subject to the particular terms and conditions (including time limitations) of such offers. Unless otherwise specified, you may use only one special offer in connection with any transaction. Special offers do not have any cash value independent of the transaction contemplated by such offer. Special offers are void where prohibited by the laws of any jurisdiction other than Canada.
11. Heart of Vermont Productions Inc. COMMUNICATIONS TO YOU

By signing up for our newsletters, you agree that Heart of Vermont Productions Inc. may send electronic mail to you for the purpose of advising you of changes or additions to our Web Sites, about any of our products or services, or for such other purpose(s) as we may deem appropriate. You may change your subscription settings or unsubscribe at any time.
12. LINKS TO OTHER WEB SITES AND SERVICES

Our Web Sites may from time to time contain links to third-party web sites. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site. Heart of Vermont Productions Inc. is providing these links only as a convenience and the inclusion of a link does not imply endorsement of the linked site by Heart of Vermont Productions Inc.

We do not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such other third-party sites, and when you access such sites, you are doing so at your own risk. Use your own independent judgment before relying on any information contained in any links. Heart of Vermont Productions Inc. does not recommend or endorse any content, including without limitation, any hyperlinks to our content found on other web sites.
13. LINKS TO OUR WEB SITES

Linking to any of our Web Sites is prohibited unless Heart of Vermont Productions Inc. provides prior express written permission in such regard. Framing, inline linking or any other unauthorized association to, of, or with any of our Web Sites or any of the contents on our Web Sites is expressly prohibited.
14. OTHER RETAILERS SELLING Heart of Vermont Productions Inc. PRODUCTS

The terms, conditions or policies of other online sellers or retail stores that offer Heart of Vermont Productions Inc. products may differ substantially from those set forth above. If after browsing any of our Web Sites, you decide to buy Heart of Vermont Productions Inc. products elsewhere, please make sure you review the seller’s own terms, conditions or policies of sale so that no inadvertent confusion arises.
15. APPLICABLE LAWS

Our Web Sites (excluding linked third-party web sites) are controlled by Heart of Vermont Productions Inc. from offices within the state of Vermont, U.S.A. The Web Sites can be accessed from all countries around the world.

If you use or access our Web Sites located at www.100on100.org, www.heartvtproductions.org, or www.dynamicduathlon.org, then regardless of where you live, you agree that the statutes and laws of the Vermont, and of the United States, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this web site;

If (a) above applies to you, then you agree and hereby submit to the exclusive personal jurisdiction and venue of the Supreme Court of Vermont in the City of Burlington with respect to such matters.

Heart of Vermont Productions Inc. makes no representation that materials on its Web Sites are appropriate or available for use in locations other than those noted above, and accessing them from any jurisdiction where their contents are illegal is prohibited. Those who choose to access any of the Web Sites from other locations do so on their own initiative and are responsible for compliance with all applicable, local laws.
16. SEVERABILITY

If any provision of the Terms set forth above in this Agreement are found to be unlawful, void or for any reason unenforceable, then such provision will be deemed to be severable from this Agreement and will not affect the validity or enforceability of any remaining provisions.