Price Tracker - Version 1.1 Terms and Conditions

This page contains the terms and conditions (the "Terms and Conditions") for the Heritage Plastics Mobile application Price Tracker. In order to use the Heritage Plastics Mobile Application, including any third party software made available to you in conjunction with this application and/or the related service you must agree to be bound by these Terms and Conditions. If you cannot or do not wish to abide by these Terms and Conditions, please exit and do not proceed with use of this product.

Additional Terms

• Subscription fees, if any, charged by heritageplastics.com for use of the Heritage Plastics Mobile Application are stated in the order process for the application or in the order process for any in-app purchase. However, depending on your mobile phone plan and your carrier or provider, you may incur data charges from your carrier or other provider for downloading and/or using the Heritage Plastics Mobile Application or other Heritage Plastics mobile products and services. Any in-app purchase is subject to the terms and conditions set by and in the discretion of the applicable Distributor (defined below) of the Heritage Plastics Mobile Application (e.g. Apple, Google, Microsoft, etc.).

• No Modifications

• Unless you obtain Heritage Plastics prior written consent, you agree not to reproduce, distribute, perform, display, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from the Heritage Plastics Mobile Application.
• Furthermore, you may not use the Heritage Plastics Mobile Application for any commercial purpose or in any manner that could damage, disable, overburden, or impair Heritage Plastics services nor may you use the Heritage Plastics Mobile Application in any manner that could interfere with any other party’s use and enjoyment of Heritage Plastics services.

• Intellectual Property

• As between you and Heritage Plastics, you agree and acknowledge that heritageplastics.com owns all rights, title, and interest in and to the Heritage Plastics Mobile Application, including without limitation all associated Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and related laws, and any and all together proprietary rights, and any and all applications, renewals, extensions, and restorations thereof, now or hereafter in force and effect worldwide. You agree to not remove, obscure or alter Heritage Plastics or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Heritage Plastics Mobile Application.
• THE HERITAGE PLASTICS MOBILE APPLICATION IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HERITAGE PLASTICS ON BEHALF OF ITSELF, MICROSOFT, WIRELESS CARRIERS OVER WHOSE NETWORK THE HERITAGE PLASTICS MOBILE APPLICATION IS DISTRIBUTED AND EACH OF THE FOREGOING’S RESPECTIVE AFFILIATES AND SUPPLIERS (“DISTRIBUTORS”) DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE HERITAGE PLASTICS MOBILE APPLICATION AND SUCH THIRD PARTY SOFTWARE.
• YOU UNDERSTAND AND AGREE THAT YOUR DOWNLOAD AND/OR USE OF THE HERITAGE PLASTICS MOBILE APPLICATION IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE HERITAGE PLASTICS MOBILE APPLICATION. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
• IN NO EVENT SHALL THE DISTRIBUTORS OR ANY HERITAGE PLASTICS ENTITY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE HERITAGE PLASTICS MOBILE APPLICATION. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HERITAGE PLASTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF HERITAGE PLASTICS IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE MAXIMUM LIABILITY OF THE DISTRIBUTORS AND ANY HERITAGE PLASTICS ENTITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THE HERITAGE PLASTICS MOBILE APPLICATION IS THE AMOUNT PAID FOR THE HERITAGE PLASTICS MOBILE APPLICATION. This disclaimer applies even if repair, replacement or a refund for the Heritage Plastics Mobile Application does not fully compensate you for any losses; or Heritage Plastics knew or should have known about the possibility of the damages.