These General Terms and Conditions of Use (“Terms”) are entered into by and between you and Zolar Technology & Mfg Co. Inc. In consideration of your use of and access to this Internet site www.zolartek.com (collectively called the ” Site”), and the promises and obligations herein, and intending to be legally bound, you and Zolar Technology hereby agree as follows:
Your access to and use of the Zolar Technology Site is subject to these Terms, as well as any modifications issued by Zolar Technology & Mfg Co. Inc. to these Terms, and all applicable laws and regulations. BY USING THE ZOLAR TECH & MFG SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Zolar Technology Site.
Among other things, the Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the Site contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
Please review our Privacy Notice, which also governs your visit to the Site, to understand our practices.
Product Purchase Notice
Please review our Product Purchase Notice, which also governs your visit to the Site, to understand our practices.
Changes in Terms, Policies and Severabilty
Zolar Technology shall have right at any time and without prior notice, at its sole discretion, to revise this site, revise the policies posted on this site, and/or these Terms or to impose new terms and/or policies and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. You are responsible for reviewing the Site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Zolar Technology to these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Zolar Technology shall be valid or enforceable against Zolar Technology unless expressly agreed to by Zolar Technology in a writing signed by a duly authorized officer of Zolar Technology. If any of these terms or policies shall be deemed invalid, void, or for any reason unenforceable, that term or policy shall be deemed severable and shall not affect the validity and enforceability of any remaining term or policy.
These Terms are effective until terminated by Zolar Technology. Zolar Technology may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Zolar Technology shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual’s right to access or use the Site or any portion thereof.
Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of the items on the Site. You must be at least 18 years old to use the Site.
Copyright and Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.”
The Content may contain errors, omissions, or typographical errors or may be out of date. Zolar Technology may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Zolar Technology in any way except to the extent it is specifically indicated to be so.
Copyright© 2016, Zolar Technology & Mfg Co. Inc. All rights reserved. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Zolar Technology or by third parties that have licensed their use to Zolar Technology. You may view and use the Content only for your personal information and for shopping and ordering on the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Zolar Technology does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Zolar Technology Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Zolar Technology, is strictly prohibited.
Zolar Technology and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us via email with your concern.
Linked Third Party Sites
Links to other Internet sites operated by third parties, including Zolar Technology vendors, do not constitute sponsorship, endorsement, or approval by Zolar Technology of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Zolar Technology, and Zolar Technology is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
Zolar Technology and its affiliates attempt to be as accurate as possible. However, Zolar Technology does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by the Site itself is not as described, your sole remedy is to return it in unused condition.
Prices and Orders
All prices displayed on the Site are quoted in Canadian dollars. Zolar Technology may restrict delivery to addresses where we are authorized to sell. Decision of Zolar Technology will be final in this regard. Zolar Technology will add shipping and handling fees and applicable sales/use tax. Zolar Technology reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the actsmedical without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the Zolar Technology Site do not imply endorsement of that product or service, or constitute a warranty, by Zolar Technology.
The receipt by you of an order confirmation does not constitute acceptance of an order by Zolar Technology. Prior to acceptance of an order by Zolar Technology, verification of information may be required. Zolar Technology reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Zolar Technology, for any reason. Zolar Technology reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification.
In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Zolar Technology shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Zolar Technology shall promptly issue a credit to your credit card account in the amount of the incorrect price.
Risk of Loss
All items purchased from the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Disclaimer and Limitation of Liability as to the Zolar Technology Site and Content
ZOLAR TECHNOLOGY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. ZOLAR TECHNOLOGY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE SITE IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL Zolar Technology, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Zolar Technology IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer and Limitation of Liability as to Products and Services
We want you to be completely satisfied with your Zolar Technology purchase. Please review our Product Purchase policies for information regarding the purchase of products form Zolar Technology.
ALL PRODUCTS AND SERVICES SOLD BY ZOLAR TECHNOLOGY ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, Zolar Technology MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, Zolar Technology EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL Zolar Technology, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF Zolar Technology IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF Zolar Technology EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
You agree to defend, indemnify, and hold harmless Zolar Technology, Zolar Technology vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.
If you create a user account on the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. The Site does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use the Site only with involvement of a parent or guardian. Zolar Technology and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You may submit comments and provide other content so long as the content is not obscene, illegal, threatening, or defamatory and so long as the content does not invade the privacy or infringe the intellectual property of a third party. Further, such content may not contain software viruses, mass mailings, chain letters, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of the information.
Except as otherwise expressly provided herein or in the Zolar Technology PRIVACY STATEMENT posted on the Site, any communication or material you transmit to the Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Zolar Technology, Zolar Technology vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Zolar Technology, Zolar Technology vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
By submitting information, you grant Zolar Technology a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
License and Site Access
Zolar Technology grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Zolar Technology. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Zolar Technology. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zolar Technology and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Zolar Technology name or trademarks without the express written consent of Zolar Technology. Any unauthorized use terminates the permission or license granted by Zolar Technology. You are granted a limited, revocable, and nonexclusive right to create a hyper link to the home page of the actsmedical Site so long as the link does not portray Zolar Technology, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Zolar Technology logo or other proprietary graphic or trademark as part of the link without express written permission.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Zolar Technology of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.
Zolar Technology shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
Access to or use of the Site shall not be construed as Zolar Technology purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the Province of Ontario, Canada. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to conflicts of law provisions. Additionally, any claims brought against Zolar Technology shall be governed by and construed in accordance with the laws of Ontario, Canada. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website, or any orders placed or products purchased on Zolar Technology, shall be in the state or federal courts located in Ontario.