Privacy Policy - Sales Agreement
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Privacy Policy - Sales Agreement |
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CONDITIONS OF USE RELATING TO THIS WEBSITE
DURACOOL REFRIGERANTS INC. WEB SITE CONDITIONS OF USE (THIS "AGREEMENT") - THIS VERSION IN EFFECT SINCE February 13, 2005. PLEASE READ THIS AGREEMENT CAREFULLY. IT GOVERNS YOUR USE OF THE DURACOOL WEB SITE AND ITS CONTENT (COLLECTIVELY, THE "WEB SITE"). IT EXEMPTS DURACOOL REFRIGERANTS INC. HEREAFTER REFERRED TO AS DURACOOL AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME YOU USE THE WEB SITE YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH EACH PROVISION OF THIS AGREEMENT EACH TIME YOU USE THE WEB SITE, YOU MAY NOT USE THE WEB SITE. EACH TIME YOU USE THE WEB SITE, THE TEXT OF THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE WEB SITE YOU SHOULD CHECK THE DATE OF THIS AGREEMENT AND REVIEW ANY CHANGES SINCE THE LAST VERSION. This Agreement is an agreement between you and Duracool, and governs your use of the Web Site. Each time you use the Web Site you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (and for purposes of this Agreement, "person" includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use the Web Site. Duracool may, in its sole discretion, change, supplement or amend this Agreement as it relates to future use of the Web Site from time to time and without any notice or liability to you or any other person, by posting a revised Agreement on the Web Site. You may not change, supplement or amend this Agreement. Only persons who are resident in Canada, have reached the age of majority in their jurisdictions, and can form legally binding contracts under applicable law may use the Web Site. Persons using the Web Site must comply with all applicable laws. The Web Site may not be used by persons in jurisdictions where access to or use of the Web Site or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Web Site is lawful, and you must comply with all applicable laws. Online Personal Information Privacy Policy Duracool collects, uses, and discloses your personal information in accordance with its Online Personal Information Privacy Policy. Duracool may change its Online Personal Information Privacy Policy from time to time in its sole discretion. By accepting this Agreement, and each time you use the Web Site, you consent to Duracool's collection, use and disclosure of your personal information in accordance with its Online Personal Information Privacy Policy as it then exists without any further notice or any liability to you or any other person. Permitted Use of the Web Site The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site are the property of Duracool, its service providers (the "Providers") and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement. The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Duracool. You may not use any of the software that is used in the operation of the Web Site except while you are using the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site. The Web Site is made available to you for your lawful use only. You may access and browse the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Termination of this Agreement and the Web Site If you breach any provision of this Agreement you may no longer use the Web Site. Duracool may, in its sole discretion, change, suspend or terminate, temporarily or permanently, the Web Site or any part of it or any of its features at any time, for any reason, without any notice or liability to you or any other person. Duracool may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your user password, all without any notice or liability to you or any other person. If this Agreement or your permission to use the Web Site is terminated by you or Duracool for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and anything connected with, relating to or arising from such prior use. Login Names and Passwords Web Site accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by Duracool and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Duracool representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement. You must immediately notify Duracool of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, have become known to any other person, or have been otherwise compromised. Duracool may cancel or suspend any login names or passwords at any time without any notice or liability to you or any other person. Duracool is not under any obligation to verify the actual identity or authority of the user of any login name or password. You must respond promptly to all email and other correspondence from Duracool, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Web Site. THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK. Information And Submissions All information you provide through the Web Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You must also provide Duracool with updated registration information and payment information within 30 days of any changes. Duracool will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Duracool or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Duracool may require a copy of a government-issued form of identification before making any changes to your registration information. Duracool does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Duracool or the Web Site. If you send Submissions to Duracool or the Web Site you automatically grant (or warrant that the owner of the Submissions grants) to Duracool and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Duracool or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Duracool and its assigns. You may not use any technologies in connection with your use of the Web Site or to post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site. Transaction Agreements All transactions through the Web Site, including the purchase and sale of goods and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By using the Web Site or by participating in a transaction through the Web Site, you signify your agreement and acceptance of this Agreement and, if applicable, the Transaction Agreement. Shipping Policy / Time Frames Goods sold or offered for sale from this website shall be offered for shipment in a timely fashion and Duracool will endeavor to ship said purchased goods within a time frame of 48 hours to the purchasers. All Goods are offered for sale only in the continental United States and will shipped from the closest state distributor in geographic relation to the purchaser. Duracool and it agents or distributors will not be held responsible for delays in shipping caused by third party carriers and makes no guarantees as to a specific time frame for deliveries Other Sites The Web Site may include advertisements for, and links to, other Web sites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from Duracool, and Duracool has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Duracool does not sponsor or endorse any Other Sites or their content or the goods or services available through those Other Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Duracool arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Duracool, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content. Linking, Framing, Mirroring, Scraping and Data-Mining the Web Site Links to the Web Site without the express written permission of Duracool are strictly prohibited. Duracool reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing, mirroring, scraping or data-mining of the Web Site or any of its content in any form and by any method are strictly prohibited. Software Agreements Duracool may cause software to be available for you to download from the Web Site or through other Web sites, including Web sites operated by Providers. The software is protected by copyright, and your downloading and use of the software are governed by this Agreement and the Software License Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the Software License Agreement. Misprints, Errors, Product Availability, and Prices Although Duracool strives to provide reliable and current information on the Web Site, misprints or other errors may occur. Accordingly, Duracool reserves the right to change the prices, fees and charges regarding the goods and services displayed on the Web Site at any time and from time to time without any notice or liability to you or any other person. Also, Duracool cannot guarantee that goods or services advertised on the Web Site will be available when ordered or thereafter. Duracool also reserves the right at any time to reject, correct, cancel or terminate any order for any reason whatsoever. If you order goods or services for which the price was incorrectly displayed, Duracool will provide you with an opportunity to place an order at the correct price. If you order goods or services that are not available, Duracool will notify you by email. Duracool reserves the right to limit quantities licensed or sold. The advertisements on the Web Site are invitations for purchase orders, and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase the goods or services referenced in your order. Your order shall be deemed to be accepted only if and when Duracool sends both an order acceptance and shipment notice email to your email address. The order acceptance and shipment notice email constitutes Duracool's acceptance of your order. If you wish to cancel an order, you may request a cancellation by sending an email to info@duracoolcanada.com. However, Duracool may not receive and process your cancellation request before it accepts and processes your order, in which case your cancellation request may not be effective. No Advice or Solicitation THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD SEEK PROFESSIONAL ADVICE AND RECOMMENDATIONS BEFORE ACTING OR OMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THOUGH THE WEB SITE. Disclaimers, Liability Exclusions, Liability Limitations, Release and Indemnity Duracool strives to make your use of the Web Site a useful and enjoyable experience, and a safe and easy way to purchase goods over the Internet. Nevertheless, Duracool and its Providers do not accept any liability for your use of the Web Site. For that reason, the following provisions apply to your use of the Web Site: DISCLAIMER YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE
WEB SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND
WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY
DURACOOL AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. YOU
(AND NOT DURACOOL OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER
EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE
WEB SITE. THE OPERATION OF THE WEB SITE MAY
BE AFFECTED BY NUMEROUS FACTORS BEYOND DURACOOL'S CONTROL. THE
OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR
SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. DURACOOL IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE. THROUGH
YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN
COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE
AT YOUR OWN RISK. DURACOOL IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND
DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DURACOOL AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT: THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; THE
WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR
WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY; CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE; THE
USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY
INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER
DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; DURACOOL AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW. 13 - 300 Trowers Road E-mail INFO@DURACOOL.COM |
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