Terms and Conditions
Welcome to LuxferMagtech.com (“Website”). Please take a few minutes to review these Terms and Conditions. The use of the LuxferMagtech.com website (this “Website”) and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies, and terms and conditions of sale appearing on this Website. Your use of this Website in any manner, whether browsing, offering your thoughts and ideas, activating an account with us, or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them, and that disputes that may arise under them will be governed by the laws of the State of Ohio, without giving effect to any conflict of laws principles.
These Terms and Conditions May Change
Luxfer Magtech Inc. reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Website.
Important Legal Information: Trademarks, Copyright, etc.
This Web Site is owned and operated by Luxfer Magtech Inc. The material included herein, including without limitation all content, text, graphics, artwork, photographs, site design, logos, icons, images, audio or video clips, code, scripts and software (collectively, the “Materials”), is the property of Luxfer Magtech Inc., and/or its content suppliers and is protected by the trademark, copyright and other intellectual property laws of the United States and other countries. The selection, arrangement and compilation of all of the foregoing in the manner depicted is also the property of Luxfer Magtech Inc., and is protected by said laws. ALL RIGHTS ARE EXPRESSLY RESERVED. No right, title or interest in and to the materials is conveyed or granted to you. You may not copy, reproduce, republish, transmit, disseminate, distribute, display, post, modify, create derivative works from, sell, license or otherwise use or exploit in any way whatsoever any Materials or other content from this Web Site without the prior written consent of Luxfer Magtech Inc. Without in any way limiting the foregoing, you agree not to use the Web Site or any Materials for any commercial or competitive purposes or for any other purposes which may be harmful or detrimental to Luxfer Magtech Inc., or its business.
Luxfer Magtech Inc., retains all rights to its trademarks, trade names, brand names, trade dress and other such intellectual property, including without limitation HeaterMeals, HeaterMeals Entrees, HeaterMeals Plus, HeaterMeals 3, HeaterMeals EX, Cafe2Go, Cafe2Go Coffee Kit, Cafe2Go Variety Kit, Cafe2Go Hot Cocoa Kit,Flameless Ration Heater (FRH), Food Heater, all of which are registered and/or common law trademarks of Luxfer Magtech Inc., in the United States and in other countries. These trademarks, together with all associated service marks, slogans and other Luxfer Magtech Inc., product names, graphics, logos, service names and custom icons are included within the intellectual property of Luxfer Magtech Inc., and all rights thereto are expressly reserved. Luxfer Magtech Inc., trademarks and intellectual property may not be used by any third party without the express written permission of the Company and, without limiting the foregoing, may not be used in connection with any product or service or in any manner that is likely to or may dilute the strength of the trademark, disparage or discredit Luxfer Magtech Inc., or its products and services, or cause confusion among consumers. Any other trademarks that appear on this site and are not owned by Luxfer Magtech Inc., are the property of their respective owners.
Metatags, Hidden Text, Linking or Framing
Luxfer Magtech Inc., expressly prohibits any use of our trademarks, trade names, slogans or brand names in metatags, keywords and/or hidden text. The use of our trademarks, trade names, slogans or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to this Web Site, or any page or portion thereof, without the prior written consent of Luxfer Magtech Inc., is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the Luxfer Magtech Inc., Web Site or its Materials with any other site, advertisement, link or other information or materials not originating from this Web Site is expressly prohibited.
You may access and view the content appearing on this Website for personal, non-commercial use only. You may not download and/or copy any portion of the content without written consent by Luxfer Magtech Inc., for personal, non-commercial use only, provided that you (a) retain all copyright, trademark, or other proprietary notices contained on the content, (b) do not modify or alter the content in any way, and (c) do not make the content available to any third party. Luxfer Magtech Inc., reserves complete title and full intellectual property rights in any Content of this Website.
You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (a) misrepresenting the identity of a user; (b) tampering with this Website; and (c) conducting fraudulent activities.
The material on this website is not intended for children under 13 years of age. Luxfer Magtech Inc., does not knowingly collect personal information from children who are not at least 13 years old.
Use of Our Website: User Comments
We welcome your comments about our Website. However, you represent and warrant to Luxfer Magtech Inc., and accept responsibility for, the accuracy, appropriateness, and legality of the Messages. Note that any comments, feedback, notes, messages, ideas, suggestions, or other communications (collectively “Comments”) sent to our Website shall be and remain the exclusive property of Luxfer Magtech Inc. . Your submission of any such Comments shall constitute an assignment to Luxfer Magtech Inc., of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in the Comments. Luxfer Magtech Inc.,will be entitled to use, reproduce, disclose, publish, and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
FOR THIS REASON, WE ASK THAT YOU NOT SEND US ANY COMMENTS THAT YOU DO NOT WISH TO ASSIGN TO LUXFER MAGTECH INC., INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER CODE OR ORIGINAL ARTWORK.
Hyperlinks to Other Websites
To the extent our Website contains hyperlinks to outside services and resources, the availability and content of which Luxfer Magtech Inc., does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
This Website and all Content available on this Website are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that Luxfer Magtech Inc., shall not be liable for any damages of any kind related to your use of this Website.
Luxfer Magtech Inc., attempts to ensure that the Content on this Website is complete and current. As indicated in the terms set forth below, Luxfer Magtech Inc., cannot guarantee that the information contained on this Website will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price or to product description or availability. Luxfer Magtech Inc., reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to you. Further, Luxfer Magtech Inc., reserves the right to refuse or cancel any orders containing any error, inaccuracy, or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Luxfer Magtech Inc., shall promptly issue a credit to your credit card.
The Luxfer Magtech Inc., HeaterMeals logos, slogans and trademarks, as well as other marks, trade names, trademarks, slogans and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy, or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by Luxfer Magtech Inc., or a HeaterMeals affiliate or by third parties who have licensed their rights to Luxfer Magtech Inc., All Content is copyrighted as a collective work under the U.S. and international copyright laws and Luxfer Magtech Inc., owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement, and selection of such Content or this Website. Except as provided above, you may not make copy, modify, or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, and “frame” the content in any manner or sell or attempt to sell the Content.
Limitations of Liability
IN NO EVENT SHALL LUXFER MAGTECH INC., dba HEATERMEALS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF LUXFER MAGTECH INC., OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN LUXFER MAGTECH INC., TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Links to Third Party Websites
The Terms and Conditions constitute the entire agreement between you and Luxfer Magtech Inc., with respect to this Website. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and Luxfer Magtech Inc., with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Luxfer Magtech Inc.,. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Venue for Disputes
Any action relating to the use of the Website, or any transaction with Luxfer Magtech Inc. must be brought in the state or federal courts located in the County of Hamilton, Ohio.
Last Updated: November 2010
Additional Topics of Interest