The following terms and conditions govern your participation in the “New Roof No Mess” marketing program (the “Program”) instituted by New Heights, LLC (“New Heights”)
The Program: The Program allows participants to have access to and use of certain marketing and other materials, including brochures, Websites, DVDs, signs, vehicle lettering, tee shirts, etc., (the “Materials”) designed by New Heights to promote the use of certain equipment manufactured and sold by New Heights (the “Equipment”). The Equipment includes the patented RB4000 (formerly known as the “Roofing Buggy”) as well as other existing and future-developed Equipment.
The Program also allows participants to use certain names, logos, slogans, images, symbols, domain names, and other trademarks and service marks (together the “Trademarks”) that were developed by New Heights to promote the use of the Equipment. The Program will be conducted according to these Terms and Conditions as well as the Policies and Procedures (the “Policies”) attached hereto and that may be modified from time to time by New Heights.
License: For as long as you are a qualified participant in the Program, New Heights grants you a limited, revocable, non-exclusive license to use the Materials and the Trademarks for the sole purpose of advertising and promoting your use of the Equipment in connection with your business. Except as expressly set forth herein or in the Policies, you may not change or modify the Materials or
Trademarks without the express written authority of New Heights. You may insert your business name and other contact information in the designated spots on the Materials. The use of Trademarks shall comply with the guidelines set forth in the Policies. You may not use the Materials or the Trademarks in any way that is illegal or offensive, or that disparages New Heights, its customers, suppliers, or products, or any third party.
Participants and Term: The Program is limited to participants who are approved by New Heights and who have purchased Equipment from New Heights, or one of its authorized dealers. A participant’s right to participate in the Program may be terminated by New Heights at any time and for any reason. New Heights, in its sole discretion, may elect to discontinue the Program at any time without
notice. These Terms and Conditions may also be modified at any time by New Heights upon fifteen (15) days notice. Such notice may be sent by regular United States mail, e-mail, facsimile transmission, or by posting on New Heights Web site.
Ownership of Intellectual Property: The Program, the Materials, the Trademarks, and all other rights associated with the Program or the Equipment (the “Intellectual Property”), are the exclusive property of New Heights, LLC or its licensors. You may not use, copy, reproduce, re-distribute, re-transfer, display or perform any of the Intellectual Property, except as permitted by these Terms and Conditions or the Policies, without the prior, express, written permission of New Heights.
Warranty and Liability: Except as expressly set forth in these Terms and Conditions, or otherwise in writing by New Heights, New Heights makes no other warranties with respect to the Program, the Materials, the Trademarks, the Equipment, or the Intellectual Property, and all other warranties, either express or implied, including any implied warranties of merchantability or fitness for a particular purpose, are expressly disclaimed to the fullest extent permitted by law. New Heights shall not be liable for any damages or costs, direct or indirect, associated with the Program, unless such damages or costs are directly and solely caused by the gross negligence or intentional misconduct of New Heights. You agree to hold harmless and to indemnify New Heights from against any and all damages, costs, liabilities, and expenses (including reasonable attorney fees), arising from any claims of third parties related to your participation in the Program.
Choice of Law and Jurisdiction: These Terms and Conditions shall be governed by and interpreted under the laws of the Commonwealth of Pennsylvania. For any and all disputes that arise under these Terms and Conditions or in connection with the Program, you agree that jurisdiction and venue shall lie exclusively with Court of Common Pleas for Lancaster County, Pennsylvania.Entire Agreement / Waiver: These Terms and Conditions represent the entire agreement between you and New Heights with respect to the Program, and supersede any prior or contemporaneous agreements or understandings, written or oral, between the parties. No part of these Terms and Conditions may be waived except by an express writing signed by an authorized representative of New Heights.