Our HeaterSIM website is an online service, primarily delivering Fired Heater Simualtion and Calculation Tools for the Refining, Petrochemicals & Energy industries. These terms outlines what you can expect from us and what we expect from our users.
By using this website, you agree to these Terms and Conditions of Use.
Our website is an independent, stand-alone entity that has no relationship, connection, or affiliation whatsoever with any Fired Heater Company, Licensor or Refinery/Petrochemical Company.
This means that our technology and services are provided without any conflict of interest. You can also rest fully assured that your data will never be shared with any competitors of your business
The entire contents of our website are protected by intellectual property law, including international copyright and trademark laws.
Our users are granted with a nonexclusive, nontransferable, revocable license to use our Fired Heater Simulation Software technology for both commercial and noncommercial purposes. You may print and download portions of material from the different areas of the website provided that the content is not changed in such a way that misrepresents HeaterSIM.
Trademarks
Publications, products, content or services referenced herein or on our website are the exclusive trademarks or servicemarks of our HeaterSIM. Other product and company names mentioned in our website may be the trademarks of their respective owners.
Links to Our Website
You may provide links to our website, provided you do not change, remove, or obscure the copyright notice or other notices on our website. Your website or other source of links must not engage in illegal or pornographic activities, and you also understand that you must stop linking to our website immediately upon request by our website.
2. Use of our website
Our website is primarily a calculation tool, and as such, all calculation results are dependent upon the specified inputs. Our software and tools are provided on a 'as-is' basis. We expect that users of our software tools are competent engineers and professionals, fully able to correctly input and interpret all associated data. Therefore, HeaterSIM are not liable for any losses to your business whatsoever.
We may make changes to the features, functionality or content of our website, to improve performance, user experience or business performance
If we provide you with a user ID (username) and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID and/or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your account.
For security reasons, or in case of any breach of the policies or terms governing your use of our HeaterSIM website, your account may be disabled.
Our HeaterSIM website does not necessarily screen communications in advance and is not responsible for screening or monitoring material posted by users of our website.
3. Indemnification
You agree to indemnify, defend and hold harmless our HeaterSIM website, its members, officers, directors, employees, agents, licensors, suppliers and any third party information providers to our website from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use of our website or violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing our website.
4. Third Party Rights
The provisions of paragraphs/sections 1 (Use of the Service), and 2 (Indemnification) are for the benefit of our website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
5.Termination
We reserve the right to investigate complaints or reported violations of these Terms of Service and Conditions of Use and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any data necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, IP addresses and traffic data.
This Agreement, in whole or in part, may be terminated by HeaterSIM without notice at any time for any reason. The provisions of paragraphs/sections 1 (Copyright, Licenses and Idea Submissions), 1 (Use of the Service), 2 (Indemnification), 3 (Third Party Rights) and 5 (Miscellaneous) shall survive any termination of this Agreement, in whole or in part.
6.Miscellaneous
Governing Law
Disputes
Any cause of action by you with respect to our HeaterSIM website must be instituted within one (1) week after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in these Terms of Service and Conditions of Use. Any legal claim arising out of or relating to these Terms of Service and Conditions of Use or our website, excluding intellectual property right infringement and other claims by us, shall be settled confidentially.
Assignability
Our website may assign its rights and duties under this Agreement to any party at any time without notice to you.
Contra Preferentum
The language in these Terms of Service and Conditions of Use shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party (i.e. – “contra preferentum”) shall not apply in interpreting these Terms of Service and Conditions of Use, as the Agreement shall be construed as having been co-authored by the parties.
Severability
Should any part of these Terms of Service and Conditions of Use be held invalid or unenforceable, that portion shall be construed as much as possible consistent with applicable law and severability shall apply to the remaining portions, so that they remain in full force and effect.
This Agreement Prevails
To the extent that anything in or associated with our website is in conflict or inconsistent with these Terms of Service and Conditions of Use, these Terms of Service and Conditions of Use shall take precedence.
Waiver
Our failure to enforce any provision of these Terms of Service and Conditions of Use shall not be deemed a waiver of the provision nor of the right to enforce the provision.
Our rights under these Terms of Service and Conditions of Use shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved to HeaterSIM.
Express Disclaimer of Consequential Damages
In no event will our website be liable for (i) any incidental, consequential, indirect or other damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if our website or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service.
Our website and content are provided on an 'as is' basis without any warranties of any kind. Our website and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including (but not limited to) the warranty of merchantability, non-infringement of third parties rights, and the warranty of fitness for particular purpose. Our website and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, and links.
If you have any questions about the contents of this page, or simply wish to reach us for any other reason, you may do so by our Contact Us section.
Changes
These terms may change over time and could read differently as of your very next visit. These changes are necessitated, and carried out by HeaterSIM, in order to protect you and our HeaterSIM website. If this page is important to you, you should check back frequently as notice of changed content may not be provided either before or after the change takes effect.
